What Can a Social Security Disability Attorney Do for You?

Conditions That Qualify for SSD Benefits

To see if your medical condition qualifies as a disability, you can look in the Social Security Disability Blue Book (online). There are two sections in the Blue Book—SSA Medical Listings (A) and Childhood Listings (B). Although the two sections are similar, there are additional conditions listed under Childhood Listings. Each condition corresponds to a numbered category, and within each category, conditions have a specific number. The subcategory of each condition gives a comprehensive description and the requirements for SSD eligibility. There are a wide variety of disabling conditions in the Blue Book, including the severity of the conditions that will automatically qualify you for SSD benefits. Some of the conditions listed in the SSD Blue Book include:

If the medical condition which leaves you disabled falls under a Blue Book category (and meets the severity detailed in the Blue Book) you stand a much greater chance of having your disability benefits claim approved. If your specific condition is not listed in the Blue Book—or does not meet the exact definition in the book—you may still be able to qualify for disability benefits. If your disabling condition medically equals the criteria in another Blue Book Listing, you may still be eligible for benefits.

The Process of SSD Appeals

If you received a denial of your initial SSD application, you have 60 days in which to file a Reconsideration Request, and if that is denied, you have another 60 days to file a Request for Hearing in front of an Administrative Law Judge. Following the ALJ stage (if you are denied), you can take your appeal to the Appeals Council, and finally to the

It is imperative that you meet this deadline, otherwise you will be required to start over from scratch and could lose benefits. Should an Administrative Law Judge could deny your claim following a hearing, you have two more avenues for appeal. First, you would file a Request for Review of Hearing Decision with the Appeals Council, then your next avenue of appeal would be at the Federal level.

When you are working with Carmichael Law Group, we will file your appeal, preparing a detailed brief that aggressively asserts errors in the ALJ’s decision. If the Appeals Council denies your request for review, we will then file a civil action in Federal Court. The attorneys at Carmichael Law Group have years of experience representing claimants at all levels of the SSD appeals process.

If you are denied on your initial application, your reconsideration is unlikely to be successful, because essentially the application goes back to the same agency for reconsideration. If you have updated medical records, or any evidence disputing the reason for your denial, you have a much better chance at the reconsideration stage. About 13 percent of reconsiderations will be approved; your Carmichael Law Group attorney can assist you in rectifying any problems before your claim is turned in for reconsideration.

Perhaps your condition was not severe enough, or at the time you had excess income. Your application might have simply been considered incomplete. Whatever the reason(s) for your original denial, our attorneys can help you through the reconsideration process. Following a denial at the reconsideration stage, your attorney can file an appeal and your case will be heard before an ALJ, as noted above. Because it can take up to a year for a case to be heard before an Administrative Law Judge, your appeal should be filed as quickly as possible.

Remember, if you are approved at any level, your benefits will be retroactive, to the time of your original disability application. According to the SSD Resource Center, about 50 percent of all cases heard before an ALJ are approved, however, this includes about 40 percent of unrepresented claimants and 62 percent of represented claimants. If the ALJ denies your appeal, you can then take it to the Appeals Council, and if you are denied at that stage, then with the Federal Court.

Federal SSD Remands

If the Administrative Law Judge does not approve your claim, the Appeals Council can overturn the ALJ’s decision, remand it, or allow it to stand. A remand is a decision by a higher court or authority to send the decision back to the original decision-maker for reconsideration. As an example, the Appeals Council could send a case back to the ALJ for another hearing—usually, the same ALJ who heard it in the first place. While a remand includes specific instructions as to how the ALJ is to handle the hearing, it does not dictate the decision the ALJ should make. An SSD case denied by the Appeals Council can be remanded by the Federal Court; it will be returned to the Appeals Council with guidelines on how the case is to be handled.

How an Attorney from Carmichael Law Group Can Help

A Carmichael Law Group attorney will provide you with years of experience in getting disability applications approved. Not only will we help you gather all necessary medical information for your disability claim, but we will also guide you through the process of appeals. We will represent you in hearings as your claim requires. Our consultations are free, and we only get paid if we win your case. Going through the process alone can result in lost opportunities to win disability benefits. Our attorneys will help make the process as simple and easy as possible. Give our Auburn, Alabama Social Security Disability lawyers a call today to set up a free, no-obligation consultation. It is important that you take the initiative; we will help you find the solutions you need. 

We handle disability claims throughout the states of Alabama and Georgia and are happy to assist you. ContactCarmichael Law Group today.