Bradenton Social Security Lawyers Handle Denials & Appeals
Handling a claim that has been denied
Although you may apply for Social Security disability (SSD) online, your claim has the best chance of approval when you work with an experienced Social Security attorney. The assistance of a qualified SSD attorney is invaluable and can increase your claim’s success rate to over 71%. The Bradenton Social Security attorneys at Carlson, Meissner, Hart and Hayslett, P.A ensure that your claim is handled expediently, deadlines are met and no detail is overlooked.
Appealing a denied claim
Your appeal must be made within 65 days of receiving a letter of denial. Our attorneys work with you one-on-one to understand your unique case and communicate on your behalf throughout the proceedings, pinpointing weak and strong points and putting together a case that is mindful of the system, as well as the Judge and Examiner who will review your appeal.
Appealing your SSD claim involves four different levels and involves 4 very different parties who will review your case. This process demands special legal skill and attention. After your initial claim is denied, there are multiple levels of appeals:
- Reconsideration of the original claim: This is the first level of appealing a case, in which you refile your original claim for a second review. This is a critical stage, which our attorneys focus significant efforts on. Reconsideration is done by the Disability Determination Services (DDS) in which the original case is simply resubmitted. At this stage only about 5 to 10% of cases are granted.
- Hearing: If you are denied by the DDS, a hearing allows an Administrative Law Judge (ALJ) to review your case in the same way the SSD and DDS did. After 60 days, your attorney has the opportunity to present a thorough and appealing case to the ALJ that is more personal and detailed than the original claim. The Hearing is where 67% of applicant’s claims are won and is often the point of hope for most cases.
- Appeals Council: If you are not satisfied by the ALJ’s review, you may ask for a review by the Social Security Appeals Council. The Council will either approve or send the case to another Administrative Law Judge for further review. The Appeals Council will be looking for a flaw in the ALJ’s decision based on lack of evidence, neglect or a procedural issue. At this stage the statistical odds of winning are low.
- Federal Court: If all else fails, you can file a lawsuit. Less than 1% of SSD claims go to Federal Court, however, if your case necessitates a lawsuit, our attorneys stand ready and by your side.
Do not be intimidated and do not give up. Reach out to our skilled Bradenton Social Security attorneys once you identify the need for benefits. Don’t wait and go through the difficult process alone. Our social security lawyers ensure your best chance of approval and take the guess-work out of this stressful and time-consuming process.
If your SSD claim has been denied, contact our Bradenton Social Security attorneys today for a free consultation
At Carlson, Meissner, Hart and Hayslett, P.A we are available 24 hours a day to take your calls. We have served Bradenton, Sarasota and Tampa Bay community for more than 45 years. If your Social Security Disability claim has been denied, we can help. For a free consultation, call (941) 202-4600 or contact us online.