The law firm of Shifrin Newman Smith Inc. represents clients through all stages of the Social Security Disability application and appeals processes. The standards of proof are different depending on what stage of the SSD application or appeals process you are in. We can help you prepare for any stage based on the type of information required:
Initial consideration — An initial application is filed with the Social Security Administration. The SSA considers medical evidence to determine whether or not the application meets its definition of "disabled." They generally ask five questions to make this determination:
- Are you working?
- Is your medical condition severe?
- Is your medical condition on the List of Impairments?
- Can you do the work you did before?
- Can you do any other type of work?
Learn more about the medical requirements for a disability.
Reconsideration — If the initial application is denied, the applicant can file a request for reconsideration within 60 days. At this stage, additional medical evidence is required.
Hearing — If the application is denied at the reconsideration level, the applicant can file a request for hearing with an Administrative Law Judge. At this stage, the Judge will hear testimony, examine medical evidence and listen to attorneys' arguments. At this stage, prior denials are commonly reversed in the client's favor.
Appeals Council — If the application is denied at the hearing, the applicant can file a written appeal with the Social Security Administration's Appeals Council. At this stage, the Appeals Council determines whether or not the Judge's decision is supported by substantial evidence and whether any Social Security Regulations were violated within the Judge's decision. If the determination is made in your favor, your case typically goes back to the Administrative Law Judge for another hearing.
Federal Court Appeal — A Federal Court appeal takes place outside of the Social Security Administration system. You need to file a complaint with the United States District Court and then a Federal Magistrate or Judge will review the information to determine if the SSA made an error in denying your claim. No new medical evidence will be considered at this point.
Contact an Ohio SSD Claims Lawyer
From offices in Cleveland, Toledo, and Akron, we represent clients throughout the state of Ohio. To schedule a free initial consultation to learn about your legal options, contact us online or call toll free at 877-230-5500.
