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Difference Between Technical Denials and Informal Denials in a Disability Case

Technical denials and informal denials both result in a disability claim being denied prior to a medical determination. This means the Social Security Administration (SSA) did not have a chance to make a medical decision about whether or not you are disabled. These denials can be given after an initial application is filed or during […]

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What to Avoid Saying At Your Disability Hearing to Protect Your Claim

Although less formal than a traditional courtroom trial, disability hearings before an administrative law judge (ALJ) are an important part of the disability determination process. However, many claims are still denied at disability hearings. What you say to the ALJ can be the deciding factor in whether you are granted benefits. It is important to […]

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How Do I Know if My Disability Hearing Went Well?

Most claimants feel a sense of relief after a disability hearing. They have submitted all the relevant medical evidence, attended doctor visits and followed treatment, and prepared for the administrative law judge’s (ALJ) line of questioning. In an ideal situation, the ALJ reaches a favorable decision at the end of the hearing. However, the reality […]

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Will I Need to Testify at My Social Security Disability Hearing?

The general answer is yes. The majority of claimants will need to testify at their Social Security Disability hearing. This hearing is your best chance at being approved for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Not testifying about how your condition has affected your ability to work and perform day-to-day […]

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Tricky Questions to Prepare for at a Disability Appeal Hearing

At Dayes Law Firm, we represent clients throughout the disability claims process and at all stages of the appeals process if denied benefits. This includes attending a disability appeal hearing in front of an administrative law judge (ALJ). For many claimants, having to answer an ALJ’s questions can be rather intimidating. What you say at […]

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How Do I Appeal My Disability Case in Federal District Court?

If you do not agree with the Appeals Council’s decision, or the Appeals Council decided not to review your disability case, you have the right to file a civil complaint in Federal District Court. This is the final level of the appeals process. A federal judge will either remand the case or affirm or reverse […]

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Should I Appeal My Denied Disability Claim to the Appeals Council?

If your disability claim is denied again after a hearing in front of an administrative law judge (ALJ), you have the right to file an appeal with the Appeals Council. This must be done within 60 days from the date of the ALJ’s decision. The Appeals Council will either grant, deny or dismiss your request […]

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Can I Get a Different Disability Examiner to Review My Claim?

Most people who initially apply for Social Security Disability get denied. However, that should not deter anyone from pursuing the disability benefits they need and may be eligible to receive. If your disability claim has been denied by the Social Security Administration (SSA), you have the right to appeal the decision. The first step of […]

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Can a Judge Approve My Disability Claim Prior to a Scheduled Hearing?

If you have a strong case for disability, you may be able to request an on the record (OTR) decision from the administrative law judge assigned to the case. With this request, you are asking the judge to review and approve your claim based only on the written medical information provided. In short, it can […]

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How Can a Pre-hearing Brief Help My Disability Appeal?

A disability claim often contains hundreds of pages of medical evidence that the Administrative Law Judge (ALJ) is expected to review prior to a hearing. To avoid any evidence being overlooked, a written brief to the ALJ before your hearing can allow you to showcase important evidence, clarify any concerns and help you get better […]

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