What is the Federal Appeals Process for SSDI in Texas?

 Posted on June 11, 2024 in Social Security Disability

If you applied for Social Security Disability Insurance (SSDI) benefits and your claim has been denied, do not lose hope. You have the right to appeal the decision and potentially receive the benefits you deserve. A Texas lawyer can guide you through the federal appeals process for SSDI, helping you understand each step along the way.

Request a Reconsideration

The first step in the appeals process is to request a reconsideration of your initial claim denial. You have 60 days from receiving the notice of denial to submit your request. Your case will be reviewed by a new disability examiner and medical consultant during reconsideration, both of whom were not part of the initial decision. We will thoroughly review all the evidence you submitted with your original application and any new evidence you provide.

Attend a Hearing with an Administrative Law Judge

If your SSDI claim is denied after reconsideration, the next step is to request a hearing before an Administrative Law Judge (ALJ). This hearing is an opportunity for you to present your case in person and provide detailed information about how your disability impacts your ability to work. During the hearing, the ALJ will consider any new medical evidence or expert testimony you submit to support your claim.

Working with a skilled SSDI attorney in Texas is highly recommended to ensure that you are well-prepared for your hearing. The lawyer can assist you in gathering and organizing the necessary evidence, preparing your testimony, and presenting your case in the most persuasive way possible. Your attorney can help you understand the hearing process, anticipate the types of questions you may be asked, and provide guidance on responding effectively.

Appeal to the Appeals Council

If the ALJ denies your claim, you can request a review by the Appeals Council. The Appeals Council will examine your case to determine if the ALJ made any errors in its decision. They may decide to grant your request for review and either send your case back to the ALJ for further consideration or make a decision themselves.

It is important to note that the Appeals Council does not accept every request for review. They typically only take cases that involve significant issues or errors in the ALJ’s decision. However, even if the Appeals Council denies your request for review, you still have one more avenue for appeal.

File a Federal Court Lawsuit

The last stage of the appeals process is to file a lawsuit in federal district court. This is a difficult legal process that requires the expertise of an attorney. Your lawyer will file a complaint on your behalf, arguing that the Social Security Administration’s decision to deny your claim was not supported by substantial evidence or was based on legal errors.

The federal court will review your case and make a decision. The court may uphold the previous decision, send your case to the Social Security Administration again for further review, or even order the agency to award you benefits.

You Can Benefit From a Plano, TX SSDI Lawyer By Your Side

It is beneficial to have a knowledgeable and compassionate Dallas, TX SSDI attorney by your side throughout the federal appeals process. Having legal representation can help you through challenging legalities, potentially protect your rights, and give you the best possible chance of receiving the benefits you need and deserve. Call The Law Offices of Coats & Todd at 972-671-9922 for a free consultation to see if we can help with your case.