If My Disability Case is Denied What Should I Do?

More than anything, make sure you don’t give up. When the government denies your claim for disability it’s frustrating. We know how it can make you feel, and while the process to appeal can be a complex process, we can help you appeal and hopefully win.

Most people who apply for disability benefits are denied. So if you were denied, you aren’t alone. But at Ober & Pekas, we want to help turn your denial into an approval.

We know you’re worried about keeping food on the table, paying your bills and keeping a roof over your head. The disability benefits you need are likely very important to you and your family. If you were denied, you should appeal, but you only have 60 days to do so. Don’t hesitate to call us as soon as you receive a denial letter.

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During the appeal process, there are four levels:

  • Reconsideration: This is a review of your claim by someone who was not involved in the original decision. Your original evidence is reviewed along with any new information you provide.
  • Hearing by an Administrative Law Judge (ALJ): These hearings take place in the Social Security Administration’s offices. At this stage, you get to present your evidence before a judge who will issue a ruling. Most cases are won at this level.
  • Review by Appeals Council: If the ALJ denies your case, you may ask the Appeals Council for a review. At this stage, the Appeals Council may return your case to the ALJ for a new hearing.
  • Federal Court Review: If you disagree with the Appeals Council decision, you can file a lawsuit in Federal District Court. You must have an attorney admitted to practice before the U.S. federal courts to represent you at this level.

No matter where you are in the appeals process, if you were denied, it’s best for you to get legal help. If you were denied, your case isn’t over; contact us for a free evaluation.

Important – If you received a denial letter, the clock is ticking. You have a limited time to file your appeal. Don’t miss this important deadline!

Your hearing is usually the most critical stage in your case. This hearing before the Administrative Law Judge is the best chance to present your evidence in person. It’s very important that you and your evidence are fully prepared. If you’ve received a denial letter, we strongly recommend you call us for help.

Our team of disability attorneys will:

  • Prepare your case and set the strategy
  • Analyze your Social Security file
  • Prepare you to testify
  • Gather all the evidence from your doctors and other medical providers
  • Question witnesses
  • Cross-examine any medical and vocational experts at your hearing

Sometimes Social Security brings in expert witnesses to provide testimony. Our attorneys know how to present evidence to help your chances and to cross-examine these experts, if necessary.

The Majority of People Who Win Benefits Work with a Lawyer

Social Security’s own statistics show you have a better chance of winning disability benefits when you have representation. Since there are no legal fees if you don’t win benefits, the decision to get legal help should be an easy one.

The attorneys at Ober & Pekas have the experience and knowledge of Social Security Disability law to help with your appeal. Contact us now for a free evaluation of your claim.

Need Help? Denied? Do I Qualify?