If you applied for Social Security disability benefits and got denied by the Social Security Administration (SSA), your quest to collect compensation may be just beginning. With the help of a Social Security disability lawyer, you may be able to navigate the appeals process and potentially reverse a denial. Many Social Security disability recipients do not get approved on the first try. Many get denied and must go through the appeals process. How successful your appeal is may depend on a number of factors.
At Farmer & Morris Law, PLLC, our Gaffney Social Security disability lawyers want to give you the absolute best shot at getting your appeal approved as quickly as possible. We have helped many injured workers collect disability benefits and want to put our knowledge and resources to work for you. If you have received a denial letter, take action right away by calling us for a free consultation. We are eager to get to work for you, and we only collect a fee when you receive benefits.
To speak with a member of the Farmer & Morris Law, PLLC, team today, call us at (828) 286-3866.
In This Article
How to Appeal a Social Security Disability Denial
If you have received notification that your Social Security disability claim was denied, then you are like most people who apply for benefits. Many applicants do not get approved on their first try, as it is actually very rare with Social Security disability. However, there is good news: The appeals process offers a number of opportunities to convince the SSA that their decision to deny you was in error. The stronger the case you put forward during this process, the better the chance you have of collecting benefits.
The Gaffney Social Security disability lawyers at Farmer & Morris Law, PLLC, want to help you submit an appeal that gives you a higher chance of approval.
Call us at (828) 286-3866 as soon as you hear that you were denied. We may help you get started with your appeal. The stages of the process are as follows:
The Request for Reconsideration Stage
Within 60 days of receiving a denial notification, you must file a Request for Reconsideration Form with the SSA. Just as it sounds, a request for reconsideration is a formal appeal to the SSA asking them to take another look at your claim and, ideally, reverse their decision. You are allowed to submit additional supporting documentation that strengthens your claim, and our team may help you gather this information.
The Administration Law Judge (ALJ) Hearing Stage
If your request for reconsideration is denied, you may then request a hearing in front of an administrative law judge (ALJ), a specially appointed judge that listens to Social Security disability denials. Of all the stages in the appeals process, the ALJ hearing stage offers the highest statistical chance of approval, so you want to make the most of it.
Our attorneys may help you gather evidence and prepare for the hearing. When the date comes, we will appear with you and argue your case on your behalf. Our team has been able to get candidates approved at the hearing stage.
The Appeals Council Stage
In the unlikely event your appeal gets denied at the hearing stage, you may then take it to The Appeals Council, a group of representatives who will look at the evidence. They then decide to approve your claim, deny it, or send it back to an ALJ for further review.
The last step of the appeals process, which is rarely necessary, is to take your claim to federal court.
For a free legal consultation with a social security disability lawyer serving Gaffney, call 828.286.3866
How You May Qualify for Social Security Disability
To get an approval, you must make a strong case that you meet both the medical and nonmedical requirements for Social Security disability. These requirements can vary based on which program you are seeking benefits from, such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
Social Security Disability Medical Requirements
Social Security disability requires you to be fully disabled. Unlike with the U.S. Department of Veterans Affairs (VA) benefits, you cannot claim Social Security for partial disability. According to the SSA, “fully disabled” means you are unable to sustain gainful employment because of your disability. However, you may be able to collect benefits if you are employed only seasonally or on a part-time basis and do not earn a living from work that places you above the poverty line.
Social Security Disability Nonmedical Requirements
The nonmedical requirements for SSDI and SSI are very different. SSDI is a government-run disability insurance program. It offers benefits only to people who have paid into the system at a sufficient level. The SSA measures your contributions by how many “credits” you have accumulated during your working years. If you have not worked for enough years or not earned enough during the years you were working, you may not qualify on a nonmedical basis for SSDI.
People who fail to qualify for SSDI may qualify for SSI, which is a means-tested benefits program for the needy. To qualify nonmedically for SSI, your total income and total assets must fall below certain levels.
Partial Social Security Disability Benefits
You cannot get approved for either SSDI or SSI with a partial disability. You must be able to prove to the SSA that you are fully disabled.
Gaffney Social Security Disability Lawyer Near Me 828.286.3866
Call Now for a Free Social Security Disability Case Evaluation
The Gaffney Social Security disability lawyers at Farmer & Morris Law, PLLC, may be able to help you reverse your denial and start collecting benefits as soon as possible. We offer a free consultation and never collect a fee until you start receiving benefits. To speak with a member of our team today, call us at (828) 286-3866.