SSD appeals are requests to reverse any determination made by the SSA to deny or terminate insurance coverage or benefits. To move forward with an appeal, you will have to go through the hearing process, which is more complicated than you might think. It is important to recognize, however, that more than 50% of Social Security Disability awards occur during the appeals process rather than before. While this makes it more likely that you will have to go through the appeals process, it also means that you should approach the appeal with confidence, especially if you are represented by an experienced SSD attorney like the ones at Thomas J. Ueberschaer, P.A. Take a closer look at how the appeals process works.
Preparation
Before your appeals hearing, you need to prepare your case properly. This is the first step, and it is the step where you should seek the help of an attorney. They can help you compile the necessary evidence to build your case, such as medical records and eyewitness testimony that verify your condition and disability.
The Court Hearing
Once you are prepped, you must attend your assigned hearing date. Remember that you will be notified of your hearing date at least 75 days before the date itself, so you have plenty of time to prepare. This court hearing will be in front of an administrative law judge. The judge will hear the details of your case, which your attorney can present, and determine whether or not to overturn the initial decision to deny or terminate your benefits. In addition to the judge, you and your attorney, your hearing may also be attended by any relevant vocational and medical witnesses who are there to testify on your behalf.
Presenting Your Case
Presenting your case does not have to happen on your own. Having Thomas J. Ueberschaer, P.A. by your side can make the process easier with a professional working solely in your best interests. When presenting your case, Tom will highlight the details of your disability and how that affects your employability or ability to do your job effectively. Medical and vocational testimony is critical since it can be used to reinforce your claims. When the judge asks you questions, it is important to give direct, straightforward answers. Do not exaggerate your symptoms, but don’t minimize them either. Additionally, you must maintain consistency with the conditions described on your disability application. Tom will help you prepare accordingly, and you will be ready to give proper answers to any questions asked.
Common Mistakes To Avoid
A few mistakes can compromise your disability appeal and make it more difficult to receive the benefits you need. The following are some of the most common mistakes to avoid.
- Failing to hire a disability lawyer
- Filing a new claim rather than appealing a denial or termination
- Failing to include mental disabilities you may have in addition to any physical disabilities
- Discontinuing medical treatment with your physician
Next Steps
After the hearing, the next step depends on the results. If your appeal is approved, then it’s over. You won your benefits. If you are denied again, however, there is additional recourse you can attempt. You may file an appeal with the Social Security Administration Appeals Council to review your case. If your appeal is still denied, you can file a civil lawsuit in federal court against the Social Security Administration. This is the last option, as there is no further recourse except to start over. Hiring an attorney will increase your chances of a successful appeal.
Why Legal Representation Matters
There is no downside to hiring legal counsel to help with your appeals claim, especially when they work on a contingency fee basis. At Thomas J. Ueberschaer, P.A., that is exactly what you can expect, as you will not owe us anything unless we win your case. Unlike many larger law firms, we are committed to achieving the best possible outcome for our clients rather than the fastest and easiest result. Get in touch with our disability lawyers today by calling 850.741.7381 or by filling out our online contact form to schedule a free consultation.