Because a large number of applicants are denied after initially applying for Social Security disability, there is an appeals process in place to help you if you were wrongfully turned down. Unfortunately, appealing denied disability claims can be a long and complicated process without the help of an attorney.
Morgan & Morgan’s Atlanta Social Security disability lawyers are experienced in handling SSD appeals and are committed to helping denied applicants recover the benefits to which they are entitled.
Have you been denied Social Security disability in Georgia? If so, you should not hesitate to seek legal counsel. While denial of first-time applicants is common, it’s extremely difficult to navigate the appeals process without an experienced SSD attorney.
Morgan & Morgan’s Social Security attorneys understand the confusing nature of appeals and will guide you through each step of the legal process. To see if you are eligible to appeal your SSD denial, fill out our free case review form.
The Social Security Disability Insurance (SSDI) Appeals Process
The Georgia Social Security appeals process can include the following steps:
Reconsideration Stage: If your original application was denied, you attorney can submit new evidence and have your case reviewed again by the Disability Determination Services (DDS).
Office of Disability and Adjudication Review: If you are denied for a second time, your attorney can appeal at this level. A notice will be sent by mail with details on the appeals hearing. At this time, your attorney will be told if the Social Security Administration (SSA) plans to bring in medical or vocational experts to testify. An Administrative Law Judge will preside over this appeals hearing.
Appeals Council: The appellate division is the third step in the process of appealing a denied SSD application. Following the rejection of an SSD application by an administrative judge, your attorney has a 20-day window to file an appeal with the appellate division. After filing the appeal, your attorney has the option to request an oral argument. If a request for an oral argument is made, a date will be set for a date within 60 days of when the appeal is initially filed. The appellate division will review the initial application, all past claims and any new information presented during oral arguments. If the appellate division denies your appeal, you will have one more chance to appeal to federal court.
Federal Court Appeal: If you are denied for a fourth time, your attorney can appeal at this level by filing a lawsuit in federal district court. This is the final step of the appeals process. If you are denied here, you can no longer appeal.
Getting Retroactive Benefits and Back Pay
If your attorney wins your appeal, you may be entitled to retroactive benefits and back pay. Retroactive benefits refer to compensation for the months you were injured and unable to work before you filed an initial application for Social Security Disability Insurance.
Back pay, on the other hand, refers to past due benefits, or the benefits you would have received had you been approved for disability immediately. At Morgan & Morgan, our Atlanta attorneys can help ensure that, if you are entitled to these benefits, you will receive them following a successful appeal.
How Many Times Can I Appeal a Denied Social Security Benefits Claim?
After filing an initial application, you may appeal the decision for benefits four times before you become ineligible for further consideration. Please refer to the list above for a more comprehensive overview of the different levels of appeals.
What Our Atlanta Social Security Attorneys Can Do
Due to the complex nature of the Georgia disability appeals process, retaining a Social Security lawyer can help ensure your claim is approved. At Morgan & Morgan, our Atlanta attorneys can help you appeal a decision that you deem unsatisfactory and potentially recover much-needed benefits on your behalf.
We can gather relevant information from your Social Security file and medical records, assist you during the SSA interview, file requests for consideration of your appeals in the event they are denied, prepare you for any official interviews and hearings and review notice of denials to determine the reason of disapproval.
At Morgan & Morgan, our attorneys understand how difficult the appeals process can be and will use our knowledge and experience to help you secure benefits.
To see if you are eligible to appeal your denied SSD application, please fill out our free case evaluation form today.