The Social Security Disability (“SSD”) process can be complicated and daunting, especially for people who are dealing with painful injuries and debilitating conditions. When it comes to having a claim denied, it is particularly critical to seek knowledgeable legal representation to help you explore your options and assert your rights. At the Knie & Shealy Law Offices, dedicated Greenville and Spartanburg Social Security attorney Patrick E. Knie has helped many South Carolina residents bring an appeal after receiving a denial of a claim. We know what it takes to bring a strong appeal and can help you cope with both the formalities of the process and the stress that you may be experiencing.Understanding Your Options After an SSD Denial
It is not uncommon for a SSD application to be denied when it is first submitted. Although some applicants may think that taking the time to file an appeal will not be worthwhile, that is often not the case. An appeal may ultimately allow you to obtain a hearing before an administrative law judge (“ALJ”), which can provide you with an opportunity to present the details of your case and pursue a favorable ruling.
There are four levels of appeal available to a SSD claimant. The first level is known as reconsideration. A request for reconsideration must be filed within 60 days from the date that the denial of benefits was issued. Although some states have eliminated the reconsideration stage of an appeal, it is still in effect in South Carolina. To request a reconsideration, the applicant must complete a series of forms. It is crucial to ensure that the information included on these forms is thorough and up-to-date so that it presents the best possible case for reconsideration.
The second level of appeal is known as an ALJ hearing, which must be requested within 60 days from when the reconsideration is denied. If this second reconsideration is denied, the applicant can appeal to the Appeals Council, which will examine the initial and later denials to see whether any procedural or substantive errors were committed. In some cases, the denial may be overturned for failing to follow a certain rule, or for failing to consider evidence offered by the applicant. The Appeals Council may reverse the denial and grant the application, set a second hearing, or issue a third denial of the application.
Finally, if your application was denied at the Appeals Council level, you may appeal to a federal district court for review. Any determination from this court is final and cannot be appealed. However, you can file a new claim if your situation changes.Consult a Spartanburg and Greenville Attorney for a Social Security Claim
If you have been denied benefits, experienced Spartanburg and Greenville Social Security lawyer Patrick E. Knie is ready to help you pursue an appeal. You should not let the daunting SSD process prevent you from seeking the benefits that you deserve. Whether you have already applied for a reconsideration and have been denied, or have just learned that your original application was denied, SSD attorney Patrick E. Knie is prepared to review your claim and help you determine an appropriate course of action. We proudly serve applicants throughout Spartanburg, Laurens, Union, Cherokee, and Greenville Counties, as well as elsewhere in South Carolina. Call us at (864) 582-5118 or contact us online to set up a free consultation.