Chicago Social Security Disability Appeals Attorney

Lawyer for Disability Benefits Appeals in Illinois

Appealing Social Security disability can be a difficult and long process. There are numerous steps a person must go through to get to the point where he or she can argue a claim in front of an Administrative Law Judge. An application must have been denied, followed by a Request for Reconsideration. The reconsideration would have to be denied, followed by the filing of a Request for an Administrative Law Hearing. After potentially waiting several years for a hearing, statistically the majority of Chicago claimants are still denied disability benefits. Typically, friends and family tell claimants to continue appealing a case over and over because that is how the process works. There is no reason why a claimant would think once a case is lost in front of a judge the Social Security disability appeal process would be any different.

The Social Security Administration website describes the situation when you lose in front of a judge as follows: “If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council. We at Pearson Disability Law, LLC will be glad to help you ask for this review.” The real question is what the Appeals Council (AC) does and what a claimant can expect when appealing Social Security disability.

What Does The Appeals Council Do With Your Disability Claim?

Once a completed and timely filed appeal of the hearing denial has been initiated, the claim file gets sent to the Appeals Council (AC). The AC will then review any additional evidence or statements submitted into the Social Security disability appeal file. If you have hired a Social Security disability lawyer, he or she will most likely submit a brief for the Appeals Council to review. An appeals analyst will review the complete record and recommend action to an Appeals Judge or an Appeals Officer. Once the Appeals Judge or Appeals Officer reviews the file, he or she will ultimately take a certain course of action. An analysis of the AC actions can be found on our blog.

What Is The Status Of Your Social Security Disability Appeals Council Claim?

Unlike your initial application or reconsideration for disability benefits, there is no specific adjudicator handling your claim at the AC that you can call to get regular updates from. In fact, the Administrative Procedure Act prohibits the AC from discussing the claim with either you or your attorney. Instead, the AC suggests that any questions or comments be submitted in writing. Not only is there little if any contact with the AC, but a decision can take years to receive.

Do I Need To Hire A Disability Lawyer?

It is highly recommended that a claimant seek out legal representation at this late stage of the Social Security disability process. Unlike the earlier stages of the administrative process, it is not okay to file a Social Security Disability appeal merely because you disagree with the judge’s decision. There must be specific errors that were made by the judge that allow you to appeal your claim to the Appeals Coucil. The form that Social Security Administration provides to do the appeal does not provide adequate information or tools to object to the judge’s decision. A Social Security disability lawyer that handles appeals to the AC will be able to write a thorough brief discussing why the judge erred in his or her decision. There are numerous arguments that a disability attorney can make when appealing social security disability. A good brief will be supported by case law and hopefully result in either a reversal or the case being remanded.

If you received noticed that you lost your hearing in front of an Administrative Law Judge within the last 60 days, contact Pearson Disability Law, LLC for a free consultation at 312-999-0999. Our law firm has experience handling numerous Social Security disability appeals to the AC and would welcome the opportunity to review your disability benefits claim.