The Elder and Disability Law Firm, APC
The importance of appealing a disability examiner's ruling
California residents who file Social Security Disability benefit claims ihave the right to appeal the decision to deny their applications. However, some choose to submit a brand new claim, which means that the application goes through the same review process each time. By appealing the initial denial, the case is reviewed by a different person, and a decision is generally made much quicker.
Usually, this step in the appeals process is a formality. While it is possible that a case will be decided in a person's favor at the reconsideration level, most appeal simply to get to the next step in the process. If benefits are denied at the reconsideration level, the next step is a hearing before an administrative law judge. During the hearing, an individual gets to present evidence to the judge and may be represented by an attorney or another representative.
This is the only time in the process in which an applicant gets to interact with the person making a decision about the case. Compared to the initial application and reconsideration levels, it is more likely that a person wins after a hearing. Those who have representation obtain benefits in over 60 percent of cases that go before a judge.
If a person has a mental illness or physical injury that makes going to work impossible, disability benefits may be available. An individual may find it advisable to work with an attorney representative who may recommend that the client appeals a denied application as opposed to submitting a new one.