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Denied Disability and Appeals

Serving the Western United States

Applying for Social Security Disability benefits is a legal process. Therefore, you have the right to have an attorney represent you. Considering the fact that 70 percent of claimants have their claim initially denied, it’s a good idea to speak to a Social Security Disability benefits attorney to assist you with this process.

An attorney will help you gather medical records and other evidence, and ensure that you meet the strict deadlines set by the Social Security Administration (SSA). A lawyer will also asses the details of your case under the SSA’s regulations and can suggest that the administration send you to a doctor for the appropriate consultation.

If Your Case is Denied and You Need to Appeal

A Social Security Disability benefits attorney is especially important if your claim is initially denied and you need assistance in filing a successful appeal. Your lawyer can ask that your prior application be reopened and protect your right to a fair appeal hearing before an administrative judge.

During your hearing, the SSA hires a vocational expert (VE) to testify at your hearing, giving his or her opinion about your ability to work based in your physical or mental impairments. This is the most important stage of the appeals process to have an attorney present, as the VE’s opinion of the jobs you can perform can significantly hurt or help your case.

A qualified Social Security Disability benefits attorney can also suggest changes or make legal objections to questions that the judge may send to your doctor after your hearing. Your attorney can also request another medical opinion.

If you win your case, your lawyer can make the appropriate calculations to ensure your monthly benefit amount is calculated correctly. If you lose, he or she can request a review of the hearing decision by the Appeals Council. When necessary, your Social Security Disability benefits attorney can provide representation in federal court for your fourth and final appeal.

If you live in the Western United States, and you or someone you love has been denied disability benefits, please contact the qualified Social Security Disability benefit attorneys at Law Offices of Fred J. Fleming today. Our experienced SSD lawyers will fight for your rights and help you collect the insurance benefits to which you are entitled.