Applying for Social Security disability benefits can be a long and confusing process. The Social Security Administration, or SSA, denies the majority of disability benefits during the initial stages of review. Therefore, disability applicants should appeal the disability benefit denial throughout the various stages of appeal.

If the SSA denied your application for disability benefits at the initial stage, at the reconsideration stage, and at the hearing before an administrative law judge (ALJ), you can consider filing a request for review with the Appeals Council. The Appeals Council reviews the ALJ’s decision to determine whether the ALJ made an error in denying the disability benefits application. You do not appear and testify before the Appeals Council.  Instead, the Appeals Council examines evidence included in your file and the transcript from your hearing.  The Appeals Council will affirm the ALJ’s decision, overturn the ALJ’s decision, or remand the case to the ALJ for a new hearing.

If the Appeals Council agrees with the ALJ decision, there is a further appeal to the United States District Court.  Just like at the Appeals Council, you will not testify in District Court.  And just like at the Appeals Council, the district Court will examine the evidence in your file and the transcript from your hearing to decide if the ALJ made an error in deciding your case.

The decision whether or not to appeal an unfavorable ruling from the ALJ is complicated.  That’s why you need an experienced Social Security disability lawyer on your case from the early stages.

There is no standardized format for Social Security Disability appeals hearings, and, as a result, each administrative law judge conducts his or her hearing a little differently. However, the Social Security Administration does require that certain things always happen at administrative law judge hearings.

All administrative law judges must begin the hearing with an opening statement. These statements vary greatly in length and detail, but they usually describe your case and its appeals history.

You will testify at the hearing.  All testimony will be given under oath.  Some judges want to do most of the questioning while other judges want your lawyer to do it.  The judge may interrupt testimony and ask you to further explain or clarify some points. If any witnesses will testify, other than experts, some judges allow the witnesses to stay in the room during the entire hearings but some will make your witnesses wait outside until their turn comes to speak.

If you have been denied Social Security Disability benefits and are at the hearing stage, the process can be confusing and intimidating.  You need an experienced Social Security Disability lawyer to guide you through the process.

One thing that I emphasize in all of my Social Security disability seminars and with my clients is that the appeal of an unfavorable decision must be filed within the 60 day deadline.  If you miss the deadline then you have to start all over again from the beginning, unless the Social Security Administration (SSA) grants a good cause exception for late filing. As you can imagine those exceptions are not frequently granted.

The SSA will determine whether there is “good cause” for your late appeal based on factors such as whether the SSA misled you or whether you did not understand that you were required to appeal within a certain time frame. They will also consider limitations in your mental, physical, educational, or linguistic faculties, including any problems understanding English.  There is no limit to how far the Social Security Administration can decide to extend the deadline if the claimant lacked the mental capacity to understand how to request a review, as long as there was no one legally responsible for prosecuting the claim (such as a parent, guardian, attorney, or legal representative).

A claim that you never received the denial will usually fall on deaf ears, unless you can prove that the SSA mailed the decision to the wrong address.  For example, if you changed your address and sent a written change of address to the SSA and have a copy of the change of address letter and the SSA still sent your unfavorable decision to your old address, then you will likely get a good cause exception for late filing. Without this type of proof the request will be denied.

This is one of the reasons that you need an experienced Social Security disability lawyer representing you in your claim.  Once I have entered my appearance as your lawyer in the case I get copies of all of the correspondence from the SSA, including any denials.  Then, we schedule an appointment with you to go over your current condition and treating health care providers so that I can file your appeal.  Of course this is done within the 60 day deadline!

There are many stages in the process of applying for and appealing a denial of Social Security disability benefits.  Navigating the disability claims process is very confusing. Many people want to know the best time to hire a lawyer.

The answer depends on how comfortable you are dealing with the process and the government on your own.  After you file your application, you need to stay in touch with the local Social Security office to make sure all of the necessary paperwork is in your file and that the case is being processed.  Cases can, and do, fall through the cracks.  You will want to gather evidence.  It will take about 3-6 months to get an answer. Two-thirds of all cases are denied at this level.  You then have 60 days to file an appeal.  Do not miss the appeal deadline or you will have to start all over again – from the beginning.

After you file the first appeal it will take another 3-6 months to get a decision.  You should be submitting new evidence throughout this stage of the case.  Over 80% of cases will be denied again.   Your time limit to file a second appeal is 60 days.  If you are handling the case yourself don’t miss the appeal deadline or you will have to start all over again – from the beginning.

I get involved in Social Security disability cases at any point after you file an application.  Most people call me after their first denial.  I cannot get involved if you already have a hearing scheduled because I will not have enough time to properly evaluate the claim and obtain additional evidence.  My team and I will submit the necessary medical records and get additional information from your treating doctors about your limitations and why you cannot work.   We will monitor your case and file the appeals as necessary.

If your case goes to a hearing I will prepare you for the hearing.  You need to know what to expect and I will explain that to you.  I will question you as if we were at the hearing so that you will be comfortable when you testify.  Of course, I will be with you at the hearing.

For more information about Social Security disability claims, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims, by completing the order form on this page.

The hearing room used for a Social Security disability hearing is set up as a small courtroom, but there is no jury. The room may contain an American flag or a seal of the United States Social Security Administration.

In terms of furniture, the hearing room will always have a conference table, if nothing else. In addition, it might have a small table for the judge’s assistant to sit behind. There is a desk for the judge, placed upon a small riser so that its height is slightly above that of the conference table.

Technologically speaking, unless the administrative law judge or another involved individual is coming in via videoconferencing, auditory equipment will be the only devices used. Because all hearings are recorded, it is essential that you speak distinctly enough to be recorded accurately and coherently. Part of this is avoiding saying “uh huh” or “umm hmm” for “yes,” or “nuh uh” for “no,” as such sounds may not be correctly transcribed. Speaking loudly is not necessary due to the high sensitivity of the microphones used but you need to speak directly into the microphone. Non-verbal cues will not be recorded so if you point, that will not be clear on the recording; describe what you are doing verbally. The same principle applies to expressions and gestures, such as nodding or shaking your head instead of saying “yes” or “no.”

For more information about Social Security disability, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims, by completing the order form on this page.

It is often difficult to convince the Social Security Administration (SSA) that you are eligible for disability benefits even when you cannot actually work. However, winning your case is not impossible, especially with the help of an experienced disability lawyer.

If you have an illness, or combination of illnesses, that keep you from working a full time schedule (8 hours a day, 5 days a week) and this is likely to continue for at least 12 months, you should apply for disability benefits.

Most claims are initially denied.  You should appeal until you get a hearing before an administrative law judge. This hearing is the stage where most cases are approved, but if your claim is denied at this stage your disability lawyer may wish to appeal your case to the Appeals Council.

As you get older, SSA regulations make it easier to be found disabled. People who should apply include those over age 55 who cannot do any job that they have held in the past 15 years, as well as individuals over age 50 who are too impaired to perform the tasks necessary for most jobs. If you are under the age of 50, winning a case is harder, but you should still apply as long as you cannot do the jobs that you have had in the past and cannot work full time at any regular job.

You can increase your chances of success by hiring an experienced Social Security Disability lawyer.  One of your lawyer’s most important jobs is to build your case file by gathering pertinent medical records and opinions from your doctors.  Your lawyer should also answer your questions as the case moves on, prepare you to testify at your hearing and argue your case to the judge.

For more information about Social Security disability, order a FREE copy of my book, Unofficial Guide to Social Security Disability Claims, by clicking on the image to the right on this page and completing the order form.