Social Security Disability |
Social Security Appeals
A Social Security lawyer can help to determine the benefits for which you are eligible, as well as whether or not you will be considered disabled according to Social Security rules and regulations. A lawyer's thorough understanding of Social Security laws and the entitlement process helps him/her to obtain your benefits. At Iannella & Mummolo, we have a 95% success rate in obtaining benefits for disabled clients.
Individuals who seek benefits on their own often do not provide the Social Security Administration with sufficient information. Therefore, we will help you organize the paperwork required by the Social Security Administration in a timely and thorough manner. Our office will arrange all of the information that the Social Security Administration needs to rule on your claim. Furthermore, if necessary, we will work directly with your medical doctors and arrange for additional medical exams and/or vocational evaluations. We will obtain copies of your records and request individual reports that address your functional limitations and disabilities. Dealing with the Social Security Administration can be frustrating; participating, independent attorneys in our network will speak on your behalf and give the Social Security Administration the information it needs.
If your claim is denied on reconsideration, we will request a hearing before an administrative law judge on your behalf. Next, we will prepare your case for the hearing. At your hearing, our experienced trial lawyers will represent you, present evidence on your behalf, and question any expert witnesses called to testify.
Often we can re-open old applications for benefits that you were denied wrongfully. It is very possible that you may be entitled to a large lump sum payment of past due benefits. We also will review Social Security's benefit calculations to ensure that you are paid the amount that you deserve.
If necessary, we will appeal your case through all administrative levels, even to Federal Court.
If you or someone you know has been improperly denied Social Security disability benefits, contact us immediately by using our free online consultation form . A Social Security lawyer will review the facts of your claim. There is no charge or obligation for this service. Once we have received your information, a member of our staff will contact you concerning your claim.
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The Social Security Appeals Process
When the Social Security Administration decides whether or not you are eligible for benefits, you will receive a letter explaining the decision. If you disagree with the decision, contact a lawyer to help with your appeal.
When And How Can I Appeal?
If you wish to appeal, you must make your request in writing within 60 days from the date that you receive the letter. The Social Security Administration assumes that you have received the letter five days after the date on it, unless you can prove otherwise.
How Many Appeal Levels Are There?
There are three levels of appeal. They are:
1. hearing by an administrative law judge
2. review by the Appeals Council
3. federal court review
When the Social Security Administration sends your letter informing you of its decision on your claim, contact a lawyer at Iannella & Mummolo to guide you through the appeal process.
Can Someone Help With My Appeal?
Yes. You are entitled to have a lawyer represent you during the appeal process.
In most Social Security matters, your representative can act for you, and s/he will receive a copy of any decisions that the Social Security Administration makes regarding your claim.
Your representative cannot charge or collect any fees without getting written approval from Social Security first. If you would like more information about representatives, contact us at Iannella & Mummolo. Also, the Social Security Administration can give you a free fact sheet entitled, “Social Security And Your Right To Representation” (Publication No. 05-10075).
Hearing
If you disagree with the initial decision, you may ask for a hearing on the "disability" issues of your claim, including whether or not you are disabled, when your disability began, and if you still are disabled. An administrative law judge, who had no part in the initial decision, will conduct the hearing.
Typically, the hearing is held within 75 miles of your home. The administrative law judge will notify you of the time and place of the hearing. You and your representative may be present at the hearing to explain your case. You may refer to the information in your file, as well as provide new information. The administrative law judge will question you and any witnesses at the hearing. You and/or your representative also may question the witnesses.
Usually it is to your advantage to attend the hearing. If you do not wish to do so, you must inform the Social Security Administration of this decision in writing. Unless the administrative law judge believes your presence is essential in order to decide the case, s/he will make a decision based on all of the information in your case, including any new information given.
After the hearing, we at Iannella & Mummolo will send you a letter and a copy of the administrative law judge's decision.
Appeals Council
If you disagree with the hearing decision, you may ask for a review by Social Security's Appeals Council. We will be glad to help you request this review. The Appeals Council looks at all requests for review, but it may deny a request if it agrees with the hearing decision. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review. You will receive a copy of the Appeals Council's decision or order if it sends the case back to an administrative law judge.
Federal Court
If you disagree with the Appeals Council's decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court. If you or someone you know has been improperly denied Social Security disability, contact us immediately by using our free online consultation form . A Social Security lawyer will review the facts of your claim. There is no charge or obligation for this service. Once we have received your information, a member of our staff will contact you concerning your claim.
