Did you wait a year—or more—for your Dallas SSDI claim appeal hearing? Did you wait several months after that for the judge presiding over your case to make a determination?
Getting denied on the second level of appeal usually means you’ve waited two years or more with your disability and without income. The anxiety and frustration you’re feeling must be off the charts.
What happens next?
Once you’ve had a hearing with an Administrative Law Judge (ALJ), the next step in the appeal process is submitting your claim for review by the Appeals Council. Often, the Appeals Council will deny a review, in which case, you’ll have to decide if you want to continue to the next level of appeal or start over from scratch. There are particular situations the council always keeps a look out for.
If you and your Dallas disability lawyer are able to convince the council that one of these four instances occurred in your hearing, you might be able to obtain a second hearing:
- Abuse of discretion by the judge, like refusing to hear your testimony.
- Legal errors by the judge, such as not letting your lawyer cross-examine a witness.
- The judge seems to have omitted key evidence in making the determination.
- A policy or procedural problem occurred at the hearing.
Do you think that one of the following applies to your disability claim appeal hearing? Hiring a Dallas SSDI attorney will improve your odds in dealing with the Appeals Council. Learn more by reading our free report, Social Security Disability: What You Need to Know. Or call to schedule a no-cost consultation: 800-800-6353. Don’t wait!
by Paul B. Burkhalter Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.