Social Security Disability Overview

Denied Social Security Disability Claims

Many clients think that a denied disability claim is the final word on the case. At The Walthew Law Firm we aggressively advocate for our clients who have been denied Social Security benefits they may be entitled to based on their disabling conditions.

It is important that you contact an attorney immediately after receiving notification from the Social Security Administration of a denied disability claim. The time limit is 60 days to file for reconsideration or to request a hearing. The attorneys at The Walthew Law Firm have extensive experience in SSDI claims and have successfully handled numerous cases at the hearing level. If reconsideration is denied, we will request a hearing within 60 days before an Administrative Law Judge at the Office of Hearings and Appeals. Before any hearing commences, we will gather a complete set of medical records. At the hearing, we will present your testimony, your spouse's testimony if you are married, and possibly another witness such as a friend or other family member who knows of your disabling conditions. They can testify to the extent of your disability and how it has impacted your life. The Administrative Law Judge may ask a medical or vocational witness to testify, but we have the knowledge and experience to effectively question the Judge's witness at the hearing. To prove your claim for disability through the Social Security Administration, you may to show that your disabling condition or conditions meet or exceed the Listings of Impairment set forth in the Code of Federal Regulations. If you do not meet those criteria, then our job is to prove that you do not have the skills which could be used for work that is within your physical capacity and work that exists in significant numbers in the national economy. For clients seeking SSI (Supplemental Security Income) benefits, the application is initially based on family income and assets (needs based) and then on the same medical and vocational criteria as SSDI applicants.

SSI is a program which is similar to welfare. There are financial requirements that must be met. This includes a review of your assets to see what you own and how valuable those assets are. Too much income and assets and your application for SSI will be denied without a review of medical or vocational issues.

Fighting for benefits that you have already earned can be an uphill battle which requires aggressive representation. For more information or to schedule an appointment with a lawyer regarding a denied disability claim, please contact us.