If you live in San Antonio and have been denied a Social Security disability claim, you may be thinking that you have no recourse and left feeling worried and frustrated. Your case is not lost, however; the reality is that a disability claim denial doesn’t have to be the end of the road.
You do have options, but you need to understand what you’re facing and how to effectively appeal a denial. The complexity and the importance of your disability appeal is why you should enlist the help of an attorney.
More than two-thirds of Social Security disability claims are denied upon their initial submission. Even after a request is made to reconsider, close to 90% are still rejected. It is possible to appeal a San Antonio Social Security disability claim denial, but the process is long and complicated. A lawyer with experience dealing with the Social Security Administration can be your best opportunity to successfully appeal the denial of a disability claim.
Appealing a Social Security Disability Claim DenialThe Social Security Administration website outlines four levels of appealing a San Antonio Social Security disability claim denial: reconsideration, hearing by an administrative law judge, review by the Appeals Council, and a Federal Court review.
Filing for Reconsideration of Your ClaimWhen applying for a reconsideration, your claim is reviewed by a Social Security Administration staff member who does not have any previous involvement with your claim. Evidence and documentation are reviewed by a fresh set of eyes, leading to a new decision to either uphold the previous denial or grant your claim.
Hearing by an Administrative Law JudgeIf your claim is still denied after the reconsideration, you may request a judge review your case. This is usually performed by a justice official in a court district close in proximity to your residence, but may also be done online.
Review by Appeals CouncilIf the approval is not given by the judge, your next chance is to send a request in writing to the national Appeals Council within 60 days. The Appeals Council will review the previous decisions made, but they may not even agree to hear your case if they believe the denial is justified. When that happens, and if your attorney thinks you still have a strong case, you still have one option left.
Federal Court ReviewIf your claim remains denied, even after a rejection by the Appeals Council, you have the option to file a civil suit with your attorney in Federal Court. It is unlikely your appeal will ever go this far, but you should still know it is an option.
Let Carabin Shaw Assist Your AppealAs you can see, appealing a San Antonio Social Security disability claim denial is a complicated endeavor and one that many do not have the resources to pursue. Consequently, many claimants prematurely abandon the effort and potentially miss out on benefits to which they might be entitled. The San Antonio injury lawyers of Carabin Shaw believe this not an acceptable option and are prepared to defend the rights of the disabled.
The team of lawyers we’ve assembled in San Antonio has decades of experience with personal injury law and helping those who have been denied benefits appeal their cases. For many, dealing with the bureaucracy is enough to keep them out of the process. We believe, however, the law exists to serve and protect the rights of men and women just like you, and our San Antonio Social Security disability claims attorneys are ready to work hard to make sure that happens.
The first step is to call our office and schedule an appointment with one of our attorneys in San Antonio. Your initial consultation is completely free of charge to you, and we never charge you any fees until we are successful in appealing your denial.
Contact the Law Offices of Carabin Shaw in San Antonio today and let one of our attorneys get to work for you. Call our local office today at 210.222.2288 or toll-free, twenty-four hours a day, at 1.800.862.1260.