When I started to work with the city, I realized that I was going to be working alongside our attorneys every single day. While I was a little nervous around them at first, we quickly became friends and all of that anxiety melted away. It was really neat to see how many different subjects they could handle, and I realized just how necessary they were for helping me to manage various daily occurrences. On this website, I thought it would be really great to start talking about how to work with lawyers, and what it might mean for you and your family if you seek legal advice early.
Cassandra Stone
No matter how bad your condition, you can end up being denied your Social Security benefits. Workers who are unable to work due to a qualifying illness might be able to have monthly monetary payments provided, but getting approved is far from guaranteed. Instead, the Social Security Administration (SSA) offers applicants another opportunity to show that they need benefits using an appeals process. Read on to find out more.
The ALJ Review
This first-level review of your claim is presided over by an administrative law judge (ALJ) who is experienced in Social Security law matters. You should understand that even though this judge is paid through the SSA, they are meant to be neutral in all judgments—just as most judges are. The appeals hearing is often the final step in the process for many who are able to adequately explain their need for benefits to the judge.
While not required, it is highly advisable that you bring a Social Security lawyer with you to the appeal. They will understand the process, what the judge is expecting, and how to work with the vocational expert. A denial at this level leads you to the appeals council.
Appeals Council
Unlike the ALJ review, no new medical or vocational evidence can be presented at the appeals council. This level of appeal consists of a look back at the original ALJ review in an effort to identify errors. For example, if the vocational expert testified that you should be able to perform a certain job task even with your medical condition, your attorney may show that the expert mixed up your condition with a similar condition.
Federal Court
This final step in the appeals process is where you will actually take your case to court. Up till now, the SSA has been running the administrative appeals process, but your SSA case for benefits is now a legal case. While it is still possible to represent yourself in federal court, again, seeking help is advisable. If you lose at this level, you can apply again for benefits by sending in a new application.
For help at any level of appeal, speak to a Social Security attorney. If you are owed back pay, you will owe your attorney no money for representation unless you win your appeal. Your attorney is paid from your back pay. You have little to lose and much to gain by getting a professional to assist you before you go before the ALJ.
For more information, contact a social security disability attorney.