If your Social Security Disability Insurance (SSDI) claim or Supplemental Security Income (SSI) claim has been denied, there is a reconsideration and appeals process in place to redress denied claims:
Request for Reconsideration: If your initial application for SSDI or SSI benefits has been denied, you have 60 days (plus 5 mailing days) from the date of denial to request a reconsideration. At this stage, your claim goes to the same sub-division as the initial review but the second review will be conducted by a different analyst who was not involved in the first review. The analyst looks at all of the original application information and is supposed to request any new medical evidence you have as well as any new information you provide. More than 80 percent of the reconsidered claims are denied.
Administrative Law Judge (ALJ) hearing: If your claim is denied after reconsideration, you have 60 days (plus 5 mailing days) to request a hearing before an Administrative Law Judge (ALJ). The ALJ hearing is critical because it is at this stage of the case that you will appear before the judge, who will be deciding whether or not you meet the disability rules and regulations. The judge will review medical records and hear your testimony. When you testify, the judge may ask you questions about your disability and how it impairs your ability to work. Additional testimony may be offered by medical and vocational experts the judge calls to testify at your hearing. It is critical that you have an experienced Social Security Disability Insurance and SSI lawyer who can ensure the protection of your rights. Your attorney can properly prepare you for your hearing, skillfully question a medical or vocational expert and vigorously advocate for the benefits you are entitled to receive.
Appeals Council: If you do not receive a favorable decision at the ALJ hearing, you may request a review by the Appeals Council. Our attorneys have experience representing clients at this stage of the claims process. It should be noted, however, that we have a strong record obtaining SSDI and/or SSI benefits for clients at the ALJ hearing stage of the claims process, so most of our cases do not reach this stage of the appeals process.
Federal Court: If the Appeals Council review affirms the unfavorable ALJ decision, you may file a complaint in federal district court. Our attorneys have the experience to protect your rights should it become necessary to take your case to federal court.
If your application for SSDI or SSI benefits has been denied, contact the Law Offices of Cynthia G. Starkey. We have a strong record of results in SSDI and SSI appeals.
Put Our Experience To Work For You
Our attorneys have represented thousands of clients in SSDI and SSI cases. Cynthia G. Starkey has been handling SSDI and SSI appeals for more than 30 years. She is experienced in handling all levels of appeals, from the administrative process to actions in federal court. Ms. Starkey is a board-certified Social Security Disability specialist from the National Board of Legal Specialty.
Contact A Santa Clara County Social Security Disability Attorney
We represent clients throughout the Bay Area. We are pleased to offer a free consultation and case evaluation. We charge no fees unless we recover benefits for you. Se habla Español en la oficina de San Jose solamente. You can consult with a Social Security Disability attorney at any of our three office locations in San Jose, Fremont and San Mateo, California. Call 800-655-9652 or contact us by email.
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