Social Security Disability Appeals
Do I Need an Attorney?
You have the right to have an attorney represent you in your Social Security case. Statistics have shown that claimants represented by attorneys have been successful more often than those without attorney representation. Not all attorneys practice before the Social Security Administration. You will do best to find an attorney familiar with the maze of Social Security regulations and the unusual Social Security procedures.
The Law Office of Donald D. Vanarelli provides services to clients as legal counsel in Social Security Disability Appeals and Supplemental Security Income (SSI) claims.
What Should I Do If I’ve Been Denied Benefits?
File an appeal. Many disabled people become disheartened after they receive a disability benefits denial notice and do not pursue their applications. This is often a mistake. Nationally, about 67% of all applicants are denied initially. But many of these people ultimately receive benefits. Therefore, if denied benefits, file for reconsideration. You may again be denied, but again don’t get discouraged. Only about 15% of all reconsiderations result in awards of benefits. If you are denied at this stage in the appeals process, you should request a hearing. You will have the best chance of winning at the hearing. Slightly more than 50% of all hearings result in the claimant receiving benefits.
What Would the Law Office of Donald D. Vanarelli Do While Representing Me in My Social Security Case?
Every case is different. Your attorney’s role depends on the particular facts of your case. However, a few of the things The Law Office of Donald D. Vanarelli may do to improve your chances of winning are:
- Gather medical and other evidence.
- Analyze your case under Social Security Laws and Regulations.
- Contact your doctor and explain Social Security Regulations in order to obtain a report consistent with those regulations.
- Refer you to additional doctors (usually specialists) for further medical reports to answer questions raised by Social Security Regulations.
- Send you to a vocational expert for a report on your ability to work.
- Suggest that Social Security send you to a doctor for a conclusive examination.
- Obtain documents from your Social Security file.
- Review actions taken by the Social Security Administration.
- Ask that a prior application for benefits be reopened.
- Seek waiver of a time limit.
- Insure the presence of a crucial witness or documents at your hearing.
- Advise you how best to prepare yourself to testify at your hearing.
- Protect your right to a fair hearing by objecting to improper evidence.
- Cross-examine adverse witnesses at your hearing.
- Present an opening and closing statement at your hearing to help you obtain benefits.
- Submit a written summary of the evidence and legal argument in support of your claim to the Administrative Law Judge deciding the case.
- Review, suggest changes or make legal objections to written questions which are sometimes sent to a doctor by the Administrative Law Judge after a hearing requesting an additional medical opinion.
- If you win, make sure that Social Security correctly calculates your benefits.
- If you lose, request review of the hearing decision by the SSA Appeals Council.
- If necessary, represent you in a federal court review of your case.
For additional information regarding Social Security Disability Appeals, call us at 908-232-7400 or click here to contact us online.