Social Disability Lawyer Blog

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When Do Disability Benefits Cases Go to Court?

If you are applying for Social Security Disability income because you can't work, it's important to understand how the process works. A Los Angeles disability benefits attorney can help you throughout the entirety of the benefits application process, from submitting your case through any necessary appeals. 

Unfortunately, a substantial number of disability benefits applicants are denied benefits and need to go through different stages of appeal. Some of these applicants may eventually end up in court.

​When Do Disability Benefits Cases Go to Court?

​While disability appeals may eventually end up in court, there are multiple stages of appeals that your case would need to go through before court action took place.

If your claim for benefits was initially denied, you would need to make a request for reconsideration and a different disability claims examiner would review your application. If you were still unsatisfied with the outcome because you were denied a second time, you could appeal to an administrative law judge.

When you appeal to an administrative law judge, a hearing may be held. However, this is an internal process within the Social Security Administration, so you are still not in federal court at this phase. It is simply part of the administrative appeal process. 

The third phase of appeal if the administrative law judge does not approve your claim is to appeal to the appeals board for review, And finally, only in the fourth phase of appeal will your case end up in federal court. 

A Los Angeles disability benefits lawyer can assist with every phase of this appeals process, from your initial benefits claim through to the final appeal to federal court if necessary. You should get an attorney involved as soon as possible to maximize the chances that your appeal will be successful.  

How Are Your Disability Benefits Determined?
Who Decides If You’ll Get Disability Benefits?

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Friday, 21 September 2018