Northeast Philadelphia Social Security Attorney
Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) can be frustrating to those who are unfamiliar with the process. In general, most first time applicants are denied SSDI and SSI and will need to file an appeal. At the law office of Howard M. Hyman, our lawyer works closely with mentally and physically disabled people who have already had their first-time application for Social Security Disability benefits denied. Our attorney can assist clients in locating qualified medical specialists who can perform any necessary medical examinations and diagnostic tests to verify a mental or physical disability. Additionally, we prepare all medical evidence and information needed in appealing a denial of benefits for our clients.
If you've been denied Social Security Disability benefits, don't assume you have no recourse. To learn more about the options available to you, contact Social Security Disability claims attorney Howard M. Hyman today.
Appealing a Denial of Social Security Disability Benefits
If you've already applied for and been denied Social Security Disability benefits, there are four levels of appeal available during which the original decision in your case can be challenged. Each level involves the following options and issues:
- First level appeal: Once you receive notice your original application has been denied, you have 60 days to file an appeal. At this level, you can resubmit medical records and any additional pertinent information for reconsideration of your case.
- Administrative Hearing Appeal: If your first level appeal is rejected, you have 60 days within which you can request that an administrative law judge review your case. At this level, you can introduce additional medical information provided by you or a doctor familiar with your condition. Our office is particularly effective at this level since the judge involved will not review reasons for previous denials of your claim. At this level, the judge will focus on information provided to him or her and will not review previous decisions. For this reason, the Administrative Hearing appeal represents the best chance to reverse the denial of a claim.
- Appeals Council review: Should the administrative law judge reject your claim too, you have 60 days within which you can request that the Social Security Administration's Appeals Council review your case. In general, however, the Review Council does not consider new evidence and will only review documentation and information already contained in your file. You can provide a written statement to include in your file if you choose to write one.
- Federal Court review: If the Appeals Council does not reverse the denial of your claim, you have 60 days to appeal your case in federal court. At the federal level, no new evidence can be introduced or considered. A federal judge will review the transcript of your administrative law hearing appeal and evaluate your medical records to determine if you qualify for Social Security Disability benefits.
Qualifying for Social Security Disability Benefits
In order to qualify, you must first be out of work for 12 months and suffer from a mental or physical disability recognized by the SSA that substantially interferes with or prevents your ability to work. While there are special requirements that apply to persons over 50 years old and other factors that may allow a person to work a restricted amount of time each week, in order to qualify for SSDI or SSI you must document your disability and its impact on your ability to work.
Don't Give Up Hope - Contact SSD/SSDI Attorney Howard M. Hyman Today
We have extensive experience representing disabled people initially denied Social Security Disability benefits. If you have questions about the legal options available to you, contact the Law Office of Howard M. Hyman today.
