Sacramento Disability Appeals Attorney
If your application for disability benefits has been rejected, you have the right to a disability appeal. However, navigating the appeals process can be difficult due to the multiple steps involved and strict deadlines to meet. The most effective approach to successfully obtaining the benefits you are entitled to is to seek guidance from a reliable disability lawyer.
Jon Sipes, Attorney-at-Law, is an experienced disability appeals lawyer who regularly handles disability appeals in El Paso, throughout Texas, and across the country. He understands that the majority of initial benefits claims are denied and has a track record of achieving positive outcomes in disability appeals. By working with Jon Sipes, you increase your chances of having your claim approved.
As his client, you will benefit from having not only a skilled disability lawyer but also a compassionate individual who genuinely cares about his clients. Jon Sipes has developed enduring relationships with disability examiners over the years, who see him as an honest representative who only handles legitimate claims. This understanding can make the process of filing a claim less daunting and help you obtain the benefits you are entitled to.
Sacramento Disability Eligibility Requirements
To qualify for disability benefits, you must meet the basic eligibility requirements for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). In short, you have a condition that is considered a disability.
There are two basic requirements to meet the definition of being “disabled”. Your condition must:
- Be expected to last at least one year or result in death and
- Prevent you from performing substantial gainful activity (SGA) as that term is defined by Social Security.
While there is an official list of qualifying impairments, you may still be eligible for benefits if your condition is not listed but is medically equivalent to a listed impairment. Nonetheless, you must present medical evidence to support this. To determine whether you qualify for benefits, seeking advice from an experienced disability lawyer is the best approach.
Sacramento Disability Appeals Attorney
Disability claims are often rejected for a range of reasons. Occasionally, errors are made during the application process, or crucial information is omitted. In other instances, medical evidence may not support the claim, or a necessary consultative examination with a Social Security doctor may produce a different outcome. With regard to SSDI, numerous applicants fall short of the work credit requirements, while SSI claimants may have income or assets that surpass the limit. Regardless of why your benefits claim has been turned down, you are entitled to a disability appeal and the strong legal representation that Jon Sipes offers.
Request for Reconsideration
To initiate a disability appeal, the first step is to submit a Request for Reconsideration within 60 days of receiving the denial notice. Following the submission of your reconsideration request, an examiner and a medical consultant who were not involved in the initial decision will evaluate your claim. However, it is important to note that only approximately 20% of reconsideration requests are granted, generally due to the following reasons:
- A new diagnosis has emerged
- The applicant’s condition has worsened
- Evidence of an obvious error in the denial has been presented
If your reconsideration request is not approved, the subsequent move is to request a disability hearing within 60 days of the denial of the reconsideration.
Disability Hearing Attorney in California
It’s important to understand that a disability hearing is different from a court proceeding with a judge and a jury. Instead, it is a meeting with an Administrative Law Judge (ALJ) who is an attorney with the SSA. Your attorney has the right to represent you and can call on medical and vocational experts to provide evidence and testimony.
During the hearing, the ALJ will question you about your disability, work history, and how your condition impacts your daily activities. Your disability lawyer can also ask additional questions to clarify issues for the judge.
Medical experts, such as your doctor, can attest to your disabling medical condition, while vocational experts can provide evidence of how your condition affects your ability to perform work-related tasks.
After the hearing, the ALJ will make a decision and notify you within 60 to 120 days. If your claim is denied, the next step is to request a review by the Appeals Council.
Social Security Appeals Council
After the disability hearing, the Appeals Council will review the medical record and hearing transcripts to make a decision. They may overturn the decision, send it back to the ALJ for further consideration, or affirm the ALJ’s decision. If the Appeals Council denies your claim, Jon Sipes will discuss your options with you. You can trust that he will stand by you through every stage of the appeals process, working tirelessly to protect your rights and ensure that you are treated with the respect you deserve.
Contact An Experienced Sacramento Disability Appeals Lawyer
Jon Sipes, a committed Attorney-at-Law, is passionate about assisting disabled individuals in obtaining the benefits they are entitled to. If your claim for benefits has been denied, he will provide you with knowledgeable representation and reliable service. Most importantly, Jon Sipes will work tirelessly to help you secure the resources needed to support your future medical and financial requirements. You will not be charged any attorneys’ fees until Jon Sipes successfully obtains disability benefits for you. Please contact our office today to schedule a free consultation.
This information included on these pages does not constitute legal advice and should be used as such. It is for informational purposes only.
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