Brod Disability Law
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Winston-Salem SSD Representation For Denials And Appeals

Facing a denial of your Social Security Disability (SSD) benefits can be frustrating and disheartening. When you need SSD benefits, you do not need to settle for the first rejection you receive. Instead, with the help of a skilled Winston-Salem attorney, you can appeal the denial and continue fighting for the outcome you deserve.

At the Winston-Salem SSDI office of Brod Disability Law, we understand your challenges and are here to assist you through the appeals process. We are dedicated to serving the Winston-Salem community by guiding clients through the complexities of the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) appeals process. Experienced attorney Karen Brod leads our firm, and our commitment to SSD issues is so strong that it is the only practice area we work in.

Understanding The Appeals Process

When your initial application for SSD benefits is denied, it is crucial to understand your options for Winston-Salem SSDI appeal. The appeal process has several steps, which we are prepared to guide you through. In most cases, you can expect to undergo the following after your denied application:

  • Reconsideration: This is the first level of the appeal process where your case is reviewed anew by someone who did not take part in the original decision.
  • Administrative Law Judge (ALJ) hearing: If your reconsideration is denied, we can help you request this hearing for an impartial ALJ to review the original decision and consider a new outcome.
  • Appeals Council Review: If the ALJ upholds the denial, the next step is to request the Social Security Appeals Council to review your case. This step can result in a denied request, a decision from the council or submission to a new ALJ for a decision.
  • Federal Court Review: If the Appeals Council does not approve your application, the last step is to go before a federal district court, where we will present our strongest case possible on your behalf.

Each case is unique, which is why our Winston-Salem SSDI attorney will develop custom-tailored plans for each of our clients to defend their best interests through every step of their appeals process, no matter how far they have to go for the benefits they need.

Frequently Asked Questions About SSD Denials And Appeals

It is only natural to have questions about an SSD denial. Here are the answers to frequent concerns:

What are some common reasons for SSD benefit denial?

Frequently, SSD claims are denied due to:

Insufficient medical evidence: Lack of documentation of the severity of your condition or the failure of medical providers to provide information when requested is a major issue.
Failure to follow treatment: Unless you have a valid reason for refusing, not adhering to your doctor’s prescribed plan can be used to deny your claim.
Temporary condition: It is necessary to show the SSA that your condition has or is expected to last at least 12 months (or is terminal) for your claim to be approved.
Substance abuse: If you have a drug or alcohol addiction and the SSA finds that your addiction is “material” to your disability, your claim will be denied.
Failure to cooperate: If you do not return phone calls or paperwork requests for more information or fail to attend consultative exams as scheduled, your claim is likely to be denied.

Many of these issues can be avoided with careful preparation and legal assistance.

How long do I have to file an appeal after an SSD denial?

You have 60 days from the date you receive the notice of denial to file an appeal on any Social Security Disability claim. The SSA considers you to have received the notice of denial five days after it was issued, absent evidence to the contrary.

What documents do I need to submit during the appeals process?

You need the appropriate appeal form, updated medical reports (such as test results, physician records and dates of treatment) and any new evidence regarding your ongoing treatment, diagnoses or medical condition. You also need to make a statement that refutes the alleged reason for the denial.

What happens during an Administrative Law Judge (ALJ) hearing?

The ALJ will explain the purpose of the hearing, and you will be “sworn in” to give testimony. The ALJ will ask you questions about your disability, education, vocational background and daily activities, with a focus on your limitations. A vocational expert will almost assuredly testify for the government to try to justify their denial, and your attorney will generally seek to show the flaws in their testimony and logic. The decision will be delivered in writing at some point after the hearing is over.

Get The Help You Need Today

Do not let a denial deter you from pursuing the benefits you deserve. Our Winston-Salem SSDI lawyer is here to provide you with the personalized support you need through your SSD application, no matter where you are in the process. We want to make the appeal process as easy as we can for you, which is why we do not collect any attorney fees unless you win. Call our Winston-Salem SSDI office location at 336-290-6198 or email us here to schedule your initial consultation today.