Denied Social Security Disability? Don’t Give Up!
Disability Attorney Brian Carmichael had a client that wanted to give up because their disability case was denied multiple times. The first administrative hearing was in 2008 in Selma, Alabama. The client had been unable to work since 2005. She was then denied in 2008 but we continued to appeal her case. Amidst the appeals, in 2017 an administrative law judge went back to 2005 and said that she was actually disabled the whole time as we asserted. During that time from 2008 to 2017 she wanted to give up because she was discouraged by the denials. Alabama & Georgia Disability Lawyer Brian Carmichael believed in her case and partnered with her to keep fighting unjustified denials. This is a prime example of not giving up on your disability case.
If you are not able to work due to your medical conditions and have been denied by Social Security, we encourage you to not give up! Let us partner with you to WIN your disability case.
Alabama SSI Benefits Denied
Have you recently received a Notice of Appeals Council Action that states in bold font, “We Have Denied Your Request for Review?” If so, we encourage you to not let this ‘form letter’ from the Appeals Council to cause you to give up if you have a disabling physical or mental condition!
While the form-letter denial from the Appeals Council provides minimal to no rationale explaining why it upheld the Administrative Law Judge’s (ALJ) unfavorable decision, the next step (filing a civil action in Federal Court) in the appeals process will be much different. After a civil action is filed (must be filed within 60 days from the date on the Appeals Council’s Notice), your attorney will have an opportunity to author a detailed brief arguing the errors contained in the ALJ’s unfavorable decision. After the Social Security Administration’s attorney writes a brief, the matter will be submitted to the Federal Judge in which will issue a written opinion where he or she explains in detail why the ALJ’s unfavorable decision should be reversed for a new disability hearing or upheld.
The Social Security Disability Lawyers of Carmichael Law Group LLC have helped many individuals in Alabama and Florida file a Federal Court Social Security Appeal and we would be happy to review your case. For a free no obligation consultation call our Alabama SSI Benefits Attorney today.
The Importance of the Administrative Hearing in a Social Security Case
If your Social Security disability case is denied initially and upon reconsideration (if available in your state), the next step in the disability appeals process is filing a Request For Hearing By Administrative Law Judge appeal. This means that you will get the opportunity to appear before the Administrative Law Judge (either in person or by video) that will decide your case and provide testimonial evidence regarding the symptoms and resulting limitations that your medical conditions cause you to experience.
It is so very important when you are providing testimony to the Administrative Law Judge that you fully describe all the problems your medical conditions cause you to experience. For example, if your degenerative disc disease of the lumbar spine causes you to experience back pain, you need to: 1) describe where your back pain is located; 2) describe how your back pain feels in your own words; 3) describe the severity of your back pain after taking prescribed medications; 4) testify regarding the limitations with sitting, standing, and walking that your back pain causes; and 5) report if your back pain requires you to lie down during the day.
We would be happy to represent you in your Social Security disability claim and would certainly prepare you prior to your administrative hearing and aggressively advocate on your behalf at the administrative hearing. Please give us a call today or message us directly if we can help you win the disability benefits you deserve!
Request for Review Denied by the Appeals Council?
If your social security claim was been denied by the Administrative Law Judge, and you appealed that decision to the Appeals Council, and thereafter, received a notice from the Appeals Council stating, “We have denied your request for review.” I highly encourage you to not give up. If the Appeals Council denied your request for review, the next step is to file a civil action in Federal Court. Moreover, Social Security Disability Attorney Brian Carmichael would be happy to look over the decision you received to see if you can take the case to federal court. If you do not appeal the Appeal Council’s notice of determination, under a legal doctrine called Res Judicata, you will be giving up your chance for back pay.
Currently, Carmichael Law Group is filing civil actions in Federal Court for social security disability cases in the Middle District of Alabama, the Southern District of Alabama, the Northern District of Alabama, the Middle District of Georgia, and the Northern District of Florida. If you are located in these areas and received a notice from the Appeals Council saying they denied your request of review, let Attorney Carmichael review your case!
Call Disability Attorney Brian Carmichael TODAY for a FREE consultation: 334-737-6311.
