Our Charlotte Disability Lawyer Discusses the Appeal Process in Social Security Disability Cases
Its beneficial to have representation from an experienced Charlotte disability lawyer. Call the Bridgman Law Offices at (888) 632-9912 for a consultation.
If your request for disability benefits has been denied by the Social Security Appeals Council or if they refused to review your case, our Charlotte disability lawyer can help you file a civil lawsuit in federal court. An administrative law judge’s (ALJ) decision can be challenged if significant evidence proving that you are disabled wasn’t properly considered or if the ALJ made a legal error by failing to follow the Social Security Administration’s laws and regulations.
The Appeal Process in Social Security Disability Cases
In order to file a civil complaint, you must submit a legal brief to the federal court. The legal brief includes evidence regarding your medical condition and states why you are disputing the unfavorable decision. Your attorney can present arguments that show the ALJ failed to properly consider substantial evidence showing you are disabled. You can’t present new evidence to the federal court. Only evidence given to the ALJ and transcripts from the hearing will be reviewed.
Another way to challenge the ALJ’s decision is to show that an error of law was committed. The federal court could rule in your favor if the ALJ didn’t correctly interpret or apply the Social Security laws to your case.
Possible Outcomes for Disability Cases in Federal Court
The federal court has the authority to overturn the ALJ’s decision if it decides that you should receive disability benefits. The federal judge could remand the case and send it back to the ALJ for reconsideration. The ALJ will need to analyze certain factors or issues in the case, as directed by the federal judge. When the court supports the ALJ’s decision, then your claim for disability benefits will be denied. If you want to fight the outcome, filing a civil complaint in the Federal District Court is the next step in the appeal process in Social Security disability.
Contact a Charlotte Disability Lawyer
Due to the complicated appeal process in Social Security disability cases, it’s beneficial to have representation from an experienced Charlotte disability lawyer. Call the Bridgman Law Offices at (888) 632-9912 to schedule a consultation.