Appealing ALJ DecisionsA Hawks Quindel Disability Attorney Can Help if Your Claim is Denied at Hearing
Pursuing Your Claim To the Social Security Appeals Council
If your claim for Social Security Disability (SSD) benefits has been denied by the Administrative Law Judge (ALJ) who conducted your hearing, you are not out of options. Our Social Security attorneys may be able to help by appealing your case to the Social Security Appeals Council, even if Hawks Quindel did not represent you at hearing. This appeal must be prepared and sent within 60 days following your receipt of the ALJ’s unfavorable decision, so it is important to promptly consult with legal counsel.
Our Social Security attorneys are experienced at evaluating ALJ decisions and identifying every possible angle from which we can argue for a reversal from the Appeals Council. This may include identifying errors of law; arguing that the ALJ’s decision is not supported by substantial evidence; or providing the Appeals Council with new evidence supporting your disability.
The Appeals Council can be frustrating to deal with. It may review an appeal for up to a year before deciding either to reverse the denial; remand the case back to the ALJ who issued the decision; or decline to review the case. The Appeals Council often declines to review strong cases, and it is not presently required to offer an explanation for its decision. Regardless, an experienced Social Security attorney may be able to secure a favorable decision from the Appeals Council with an effective appeal brief and a strong set of facts. Additionally, a final decision on your claim from the Appeals Council is required before you may sue in federal court.
Federal Court Appeals
If the Social Security Appeals Council declines to review the ALJ’s unfavorable decision regarding your claim, you have the opportunity to take your case out of the hands of Social Security and into federal court. At Hawks Quindel, our Social Security attorneys are experienced litigators who are capable of pursuing every opportunity for securing your SSD benefits – including a federal appeal.
Legal Expertise In Filing Your Lawsuit Against Social Security
Effective litigation in federal court requires specialized knowledge and expertise. Each lawsuit must comply with the federal rules of civil procedure as well as the unique rules that district courts apply to Social Security appeals. For example, each lawsuit involving a Social Security appeal must name the Commissioner of Social Security as the defendant, and must be served on multiple parties, including the Social Security Administration’s Office of General Council, the United States Attorney for the District Court in which the lawsuit was filed, and the United States Attorney General.
After your attorney initiates your lawsuit, his or her next step will be to argue your case to the district court judge in a legal brief. Your attorney will use the brief to tell your story and to explain to the court the legal basis for a decision in your favor. The Social Security Administration will also file a brief that argues against a decision in your favor. The judge will then review the briefs and supporting materials and decide whether to do any of the following: reverse the ALJ’s decision; remand your case back to the ALJ for a new decision; approve your claim for SSD benefits; or affirm the ALJ’s decision to deny your claim.
Our Social Security Team: Strong, Effective Advocacy From Start To Finish
At Hawks Quindel, our team of Social Security attorneys is unique because of our extensive knowledge of the Social Security claim process, the appeal process, and the federal court system. Our knowledge and expertise gives us the ability to fight for you at every level of review of your claim for disability benefits. We are strong advocates and compassionate legal counselors, and we are committed to pursuing every opportunity for getting your claim for Social Security benefits approved.
If your Social Security claim has been denied – at reconsideration, following a hearing, or by the Social Security Appeals Council – contact Hawks Quindel for a free consultation as soon as possible in order to preserve your right to appeal. You will incur no attorney fees unless we take your case and you ultimately receive benefits. Please email us or contact a Madison social security attorney directly at (608) 257-0040 or a Milwaukee social security attorney at (414) 271-8650.