Appealing a Denied SSD Claim
Receiving news that your claim for Social Security Disability benefits has been denied is discouraging, but by no means is it the final word. In fact, the vast majority of claims for disability benefits are initially denied.
Unfortunately, the Social Security claims process can be very long and drawn out. If you are persistent, however, the odds can swing in your favor. The important thing is staying the course and not missing important deadlines throughout your appeal. At the Law Office of Christopher J. Annis, LLC, in Gainesville, Florida, we help individuals stay focused on the end goal — receiving disability benefits — and not get discouraged by hurdles that must be cleared during an appeal.
If you have been receiving Social Security Disability and your benefits have been revoked, we can also help you appeal the decision to terminate your benefits.
Help with Denied Social Security Disability Benefits in Florida
Although it is disheartening to have your claim denied, it is important to understand that the majority of all Social Security Disability claims are denied on first application. Although the SSA has tried to make their evaluation process more streamlined and effective, more claims are denied than approved.
When you are denied, you have the right to appeal. Although you do not need an attorney to appeal, you are much more likely to win your case with the assistance of counsel. We can file your appeals and represent you at your hearing.
After your Social Security Disability claim is denied, the appeals process goes as follows:
- Reconsideration. You have 60 days from the date you received your denial to appeal the decision. It is assumed you received your denial within five days of the date on the letter. The appeal must be made in writing or on the SSA website within that period. Your file is then reconsidered by a different examiner who is unfamiliar with your first application.
- Hearing. Most people are also denied at the reconsideration level. The next step is a hearing before an Administrative Law Judge. These hearings are either held at a hearing office within 75 miles of your residence or by video at your local Social Security office. After the hearing, the judge will usually render a decision within one to three months.
- Review by Appeals Council. An unfavorable decision from an Administrative Law Judge must be appealed to the Social Security Appeals Council. You do not personally appear before the Council. If the Council agrees with the Administrative Law Judge, they will deny your claim.
- Federal Court Review. If you are denied by the Appeals Council, you can continue your claim through legal action in federal court.
While the appeals process can last well over a year, approximately half of the claims taken to the hearing level receive a favorable decision. If your application for Social Security is denied, the Law Office of Christopher J. Annis, LLC will help you fight to receive the benefits for which you are eligible.
We Help with Social Security Disability Claims in Florida
The Law Office of Christopher J. Annis, LLC provides seasoned help with Social Security Disability and Supplemental Security Income claims. We focus on getting you the help and benefits you are entitled to. You pay no legal fees unless we obtain Social Security Disability benefits for you.
With offices in Gainesville, Florida, we offer evening and weekend appointments and can travel to you if you cannot come to our office. Contact us online or at 352-264-1910 for a consultation.