Disability Law
Why You Need a Social Security Disability Appeal Lawyer
When it comes to Social Security Disability, you can rely on the experienced lawyers at the Disability Law Center Of Robert S Piazza Jr PC. You can count on us to guide you throughout the application and appeal process to make sure that you receive all the benefits to which you are entitled.
Watch the video and learn more about the application and appeals process. To schedule a free consultation with our Social Security disability attorney in Baltimore, MD, please contact us.
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Application and Appeals Process
Learn More About Social Security Disability Benefits
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are programs run by the federal government that are designed to help people who are unable to get or keep gainful employment due to issues with their medical and/or mental health. These programs are funded by Social Security taxes and general tax revenues. Anyone with a sufficient history of paying Social Security payroll taxes may be eligible to receive SSDI benefits if they are considered disabled by the Social Security Administration (SSA). Others without sufficient work history may be found eligible for SSI benefits.
To find out if you qualify for SSDI or SSI, you must first file an application with the Social Security Administration. Then you must show that your condition(s) make you unable to work for at least 12 months or that they will result in your death.
People with a record of paying Social Security payroll taxes and having worked for at least five of the last ten years typically meet the technical qualifications for SSDI eligibility. There are some exceptions for widows or younger individuals who may be able to qualify based on their deceased parent’s work history.
A vast majority of SSDI and SSI applications are denied at the initial determination stage. Even if you appeal the SSA’s decision, over 80% of appeals at this next stage are also denied. Unfortunately, it is easy to misrepresent your case to the Social Security Administration. We are ready to give you the help that you need to make sure that you and your claim get the consideration you deserve.
The Disability Law Center Of Robert S Piazza Jr PC is one of the top Social Security disability law firms in Maryland. We have the knowledge and experience needed to maximize your chances of success. Work with our expert Social Security disability appeal lawyer in Baltimore, MD to obtain and interpret the medical records needed to prove your case and present it before an Administrative Law Judge.
When to Appeal
If you are denied after your initial application, there are four levels of the appeal process depending on the issue being appealed. If you are not satisfied with the decision at one level, we can help you appeal to the next. The levels are:
- Reconsideration
- Hearing by an Administrative Law Judge
- Appeals Council Review
- Federal Court
The most important thing to remember about an appeal is that there is a limited time during which you can ask for one. Generally, you have 60 days from the date of the letter telling you about the denial.
If you do not appeal within the 60-day time limit, you may lose your right to appeal, and the last decision that Social Security made becomes the final one. For example, if you do not ask for a reconsideration within 60 days of an initial denial, you may lose your right to have your case reconsidered.
If you have a good reason for not appealing your case within the time limits, SSA may give you more time. A request for more time must be made to SSA in writing, stating the reason for the delay. In most cases, we can help you do this.
How to Appeal
You must request your appeal in writing. You can call SSA and ask for the appeal form or send them a note with your Social Security number stating that you wish to appeal the decision in your case. If you filed for SSDI/SSI and your claim was denied for medical reasons, you may request an appeal by clicking on the SSA’s website,
The Disability Law Center Of Robert S Piazza Jr PC is fully equipped to electronically file any and all appeals that may be needed for your case.
Reconsideration
If you disagree with the initial decision, you may ask for reconsideration.
A reconsideration is a complete review of your claim by someone who did not take part in the first decision. That person will look at all the evidence used to make the original decision and usually requests additional information. Our experienced staff is ready to accept these calls from the disability examiner for you and handle any requests from them on your behalf.
If you are appealing a decision about your medical condition, your reconsideration will be handled by a process we call case review. When SSA makes a decision on your reconsideration, they will send you a letter explaining the decision.
Hearing
If you disagree with the reconsideration decision, you may ask for a hearing with a Social Security Administrative Law Judge (ALJ). The ALJ will be someone who had no part in the original decision or the reconsideration of your case. The hearing is usually held within 75 miles of your home. The ALJ will notify you of the time and place of the hearing. If we are representing you, the judge will schedule your hearing with our office, and then we will contact you right away.
Your judge may ask you to give him or her more evidence and to clarify information about your claim before your hearing. It is important to carefully review the information in your file and give any pertinent updates to the judge. If we are representing you, we will talk with you about your treatment and handle this process for you.
At the hearing, the administrative law judge will question you and any witnesses you bring. Other witnesses, such as medical or vocational experts, may also be asked to give the judge information at the hearing. Our experienced attorneys know what questions the judge typically asks and will question any witnesses on your behalf.
You must come to the hearing office in person (including any video teleconference hearings). If we are representing you, we will meet you at the hearing office and explain your case to the judge for you. After the hearing, the judge will make a decision based on all the information in your case, including any new information you gave to the judge at the hearing during your testimony. The Social Security Administration will send you a copy of the judge’s decision.
Appeals Council Review
If you disagree with the hearing decision made by the Administrative Law Judge, you may ask for a review by Social Security’s Appeals Council. We will explain the judge’s decision to you and make sure you understand what it means. If warranted, we can also file an appeal on your behalf.
The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. This is why it is important that your representative file a detailed brief explaining to the Appeals Council what mistakes the judge may have made in their decision.
If the Appeals Council denies your request for review, you will get a letter explaining the denial.
If the Appeals Council decides to review your case, the Council will either decide your case itself or issue an order returning your case to an Administrative Law Judge for further action.
If the Appeals Council decides your case itself, SSA will send you a copy of the decision. If the Appeals Council returns your case to an Administrative Law Judge, SSA will send you a letter and a copy of the order.
Federal Court
If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you may file a civil action in a Federal District Court. This is a complicated process requiring experience and detailed knowledge of Social Security laws and regulations. The Disability Law Center Of Robert S Piazza Jr PC has filed many lawsuits in federal court when the situation has called for this kind of action.
SSA Publication No. 05-11008
The Disability Law Center Of Robert S Piazza Jr PC is a local, family-owned law firm founded by Mr. Robert S. Piazza in 1982.
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Disability Law Center Of Robert S Piazza Jr PC
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