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Appeals and Hearings

SSD Appeals Attorney in Sacramento

What to Expect in SSD Hearings and Appeals

It is not a requirement that you have a Sacramento Social Security disability attorney representing you during the Social Security Disability process. It is possible to successfully apply on your own, but it is worth knowing that SSD denial rates can exceed 60% on the initial application. If you persist through denials and get to the hearing phase, it is strongly recommended that you have legal counsel.

According to the Social Security Administration (SSA),

If you wish to appeal, you must make your request in writing within 60 days from the date you receive our letter. [They] assume you receive the letter five days after the date on the letter, unless you can show us you received it later. Generally, there are four levels of appeal. They are: Reconsideration; Hearing by an administrative law judge; Review by the Appeals Council; and Federal Court review.

Our experienced and trusted DAA attorney can take your case before an Administrative Law Judge (ALJ). He will meet with you and you will be prepared for the hearing so that you know what to expect and are able to enter the hearing feeling more confident in your ability to answer the ALJ's questions for you. If necessary, Disability Action Advocates can take your case to Federal Court. Waiting times for hearings can be lengthy. When hearings are delayed or your needs are urgent, we can help in the following ways:

  1. Reconsideration: This is the first level of the appeals process in which a new individual is assigned to review your claim. In this review, your application will be reevaluated along with any additional information that was not included the first time around.
  2. ALJ Hearing: This is the next step in the appeals process that is only entered into if the applicant still disagrees with the reconsideration decision. In this hearing, the applicant with be questioned directly by an ALJ. Experts may also be brought in for questioning.
  3. Appeals Council: The third step in the process is for those applicants that do not agree with the ALJ's decision. This is a review conducted directly by the Social Security Appeals Council.
  4. Federal Court: The last possible step in the appeals process is going to Federal court. This is a type of lawsuit filed in Federal court.

SSD Appeals Lawyer in Sacramento

If, for some reason, the ALJ denies benefits again at the hearing stage, we will assist you in appealing the claim. You will have 60 days in which to submit the form for appeal. The appeals process is done in writing. It is a simple form to complete but the information provided on it is a key factor in achieving a successful outcome. Sometimes additional evidence of the validity of your claim can be provided and we will know what to do in this case. The majority of ALJ decisions that get reversed on appeal are reversed because of legal or technical errors in the decision. An insightful attorney will be able to recognize these mistakes and will prepare written documentation of them as part of the appeal. If this is the first time you are working with an attorney during the process, he will be able to request the written transcript of your ALJ hearing and carefully review it for any possible errors that can be used on appeal.