If you have been diagnosed with a mental or physical disability, have been unable to work for 12 months, and have contributed to Social Security five of the last ten years, you may be eligible for Social Security Disability Insurance (SSDI). While most first-time SSDI applications are rejected, there is a four stage appeal process that provides a good opportunity for you to make your case. Even so, it's vital that in your initial application, you provide thorough documentation of your medical condition and disability. (It's also important to remember that drug and alcohol addiction are not covered under SSDI.) When determining whether you are disabled, the issue is whether or not there are jobs you could perform as opposed to whether or not you can perform the job you had.
Social Security Disability Insurance Attorneys
At the San Gabriel and Rowland Heights Law Offices of Scott Warmuth, our disability claims attorneys work closely with SSDI applicants at each stage in the process. We can review your application, counsel you in regard to how you can improve your chances for qualifying the first time it is submitted, and work with you throughout any appeals that follow should it be rejected.
If you've been diagnosed with a mental or physical disability and would like to file for SSDI or have already been rejected at the first level, contact San Gabriel Social Security Disability Insurance attorneys at the Law Offices of Scott Warmuth today.
What is the Social Security Disability Insurance Appeal Process?
The SSDI appeal process allows you to have your case reconsidered at the administrative, appeals council, and federal level. Each level of appeals is unique and has its own set of requirements. In general, the SSDI appeals process involves the following:
- First level appeal: After your initial application has been denied, you have 60 days to file an appeal. At the first level of appeal, you can resubmit any medical records and additional information you deem relevant in regard to your case.
- Administrative Hearing Appeal: If you are unsuccessful at the first level of appeal, you have 60 days to request that an administrative law judge review your application for SSDI. You are allowed to introduce additional medical information provided by yourself or your doctor. Since an administrative law judge will not review the previous reasons for denying your application but will, in a sense, take a "fresh look" at your case, the administrative level of appeal offers an excellent opportunity to have your application approved.
- Appeals Council review: If the administrative law judge rejects your claim, you have 60 days to request that the Social Security Administration's Appeals Council review your case. Typically, the Review Council will not consider new evidence but will only consider documentation and information provided for in your file. You can, however, submit a written statement and include it in your file for the Review Council's consideration.
- Federal Court review: If the Appeals Council rejects your claim as well, you have 60 days to file an appeal in federal court. At this, the last and final stage of appeal, new evidence will not be considered nor introduced. Instead, a federal judge will review the transcript from your administrative law hearing and determine if the medical records contained in your file should qualify you for SSDI.
Why Working with an Attorney is Important for SSDI Benefits
There are a number of issues involved in SSDI applications that must be considered from a legal and financial perspective. For instance, there are special requirements that pertain to persons over 50 who want to apply for SSDI, as well as specific requirements for people who want to work a restricted amount of time each week. In cases involving low income applicants, you may qualify for Supplemental Security Income (SSI) -- a process that involves its own unique requirements. For these and other reasons, it's important to consult and work with an experienced Social Security disability lawyer who can help you meet deadlines, provide thorough and accurate applications, and respond to legal issues should they arise.
Contact a Disability Claims Attorney in San Gabriel or Rowland Heights Today!
Regardless of whether you're interested in submitting a SSDI application for the first time or have already learned that your application has been rejected, our social security disability insurance lawyers in San Gabriel and Rowland Heights can help.
Our social security disability insurance attorneys represent clients throughout Southern California including these cities:
- San Gabriel
- Rowland Heights
- Diamond Bar
- Hacienda Heights
- Chino Hills
- City of Industry
- Alhambra
- Arcadia
- Pasadena
- And More
To schedule an appointment and discuss your case, contact our SSDI attorneys in Rowland Heights and San Gabriel at the Law Offices of Scott Warmuth. Call 888.500.2081 or email us today.
