So you have applied for Social Security Disability and have been denied, your reconsideration claim has been denied, and now you have once again been denied in your hearing on appeal. While you probably just want to get off this never-ending roller coaster at this point, don’t give up just yet.
If your claim is denied at your hearing, you can request a review of the Judge’s decision. During this appeal, the Social Security Appeals Council reviews decisions made at hearings, and it has the power to “remand” (send the case back to the previous judge for review), or reverse the decision and grant your request for benefits. While you may not have had an attorney to help you with your initial claim or even your hearing on appeal, it is very beneficial to hire an attorney at this point to help.
Having a lawyer during a review by the Appeals Council is extremely important because the Appeals Council will determine if the Administrative Law Judge made an error in denying your claim. This step requires knowing the ins-and-outs of Social Security Law in order to show the Council why the law is on your side and why you should be granted benefits. There are several reasons why an Administrative Law Judge’s decision may be wrong and an experienced attorney will be able to know what legal errors the judge made. Some of these reasons include:
- The Judge ignored parts of your medical condition: For example, if you take medication that causes serious side effects such as vomiting or fatigue, this is something that should at least be mentioned in the judge’s decision so you know that the judge did consider this and what effect it had on his decision.
- The Judge did not adequately investigate your case: An Administrative Law Judge is required to look into the facts of your case and make sure there is enough medical information available that supports his or her decision for denying your claim. If there are medical records that the judge has not seen this could be enough to reverse the decision.
- There was no vocational expert at your hearing. If the judge denied you benefits with the reason being that there is other types of work you are able to do, there should always be a vocational expert at that hearing to confirm that and in many cases one is not present.
Contact Us Today!
Contact Us Today!
To speak with someone with knowledge and experience in this area, contact Rankin & Rankin Law Firm. Schedule a FREE CASE EVALUATION by calling 843-248-2405 or through our contact page.
Rankin and Rankin Law Firm is located in Conway, South Carolina and serves the entire Lowcountry area including Horry County, Myrtle Beach, Georgetown, Charleston, and Hilton Head, SC.