Southern California Social Security Appeal Lawyers
At the law offices of Judith S. Leland, we can help you at any step in the process of applying for Social Security Disability or Supplemental Security Income. From our office locations in Downey, Santa Ana and Ontario, we serve clients in the San Gabriel Valley, the San Fernando Valley and the Inland Empire.
The following process applies to SSDI and SSI claims in Southern California:
Step 1: Applying for Social Security Disability or SSI
For either Social Security Disability or SSI, an application for disability benefits may be filed at your local Social Security office or through our office. Our lawyers can assist you in filing a disability application in the appropriate cases: particularly if you have been disabled for at least 12 months with a significant impairment that is documented.
Having an attorney review your paperwork will ensure that it provides a true picture of you and your disability.
Step 2: Denial of Your Disability Claim
You should not be discouraged if your disability claim is denied. From 80 percent to 90 percent of all applications are denied initially by the Social Security Administration. You can appeal the decision, and this is the time when most people seek legal representation. Our lawyers win the majority of cases we handle on appeal.
Step 3: Reconsideration
The next step in the process is the "request for reconsideration" from Social Security. You may or may not be required to go through this step, depending on where you live in Southern California.
At reconsideration, you will either be granted benefits or your claim will be denied.
Step 4: Request for Hearing
If your claim is denied, then it is time to appeal the decision by requesting a hearing before an administrative law judge. It is critical to have competent legal representation at this stage of the process.
An important service our lawyers provide is making sure you have the right kind of medical and other evidence to give a true picture of your condition. If appropriate, we may refer you to specialists to examine you and may request reports from them. These doctors will give an honest appraisal of your disability. Of course, we do not guarantee that they will find you disabled.
If you are receiving Medi-Cal, we will attempt to obtain a comprehensive report from your own doctor. Most doctors charge for preparing a report. If that is the case, we will discuss the fee with you before obtaining the report or referring you.
We will write to the doctors who have examined you, including your own treating doctor, to explain the Social Security regulations. Oftentimes, doctors feel they are writing the kind of report which you need, but they may not understand what Social Security requires. It will be much more helpful to you if the doctor writes his or her report with the Social Security regulations in mind.
Step 5: Your Social Security Disability Hearing
An administrative law judge will preside over your hearing. Testimony will be taken under oath, but the hearing will generally be somewhat informal. It is private: usually held in a small room with only the judge and his or her assistant, you, your attorney, and possibly your spouse or a friend.
Your medical records will be admitted into evidence. You will be asked questions, either by the judge or by your attorney, which you must answer to the best of your ability or recollection. The administrative law judge may call experts, including vocational experts and medical advisors, to testify about the possibility of training for a new job and the severity of the medical condition.
As your attorneys, we prepare you thoroughly for the hearing, so there is no need to be apprehensive. Its purpose is to seek the truth and to carry out the purpose of the Social Security Act.
Step 6: The Decision
The judge will not announce a decision at the hearing. However, we can sometimes tell from the general atmosphere of the hearing whether it appears that the decision will be favorable. A written decision will be sent to your lawyer and to you. It usually takes at least two to three months after the hearing to receive the decision, if not longer. You should always contact your lawyer after you have received a decision from the administrative law judge.
If the decision is favorable, you should receive your first check approximately eight to 12 weeks after the decision.
Free Attorney Consultation - No Fees Unless We Win
To schedule an appointment with an experienced disability lawyer, call 1-562-219-4156, or toll free at 1-866-764-0321, or fill out our simple contact form. There are no consultation fees and we charge no attorney's fee unless we help you obtain benefits.
