San Jose Denied SSDI Claims Appeal Lawyer
Filing for Social Security Disability Insurance (SSDI) can be overwhelming, and many applicants face initial denials. However, a denial does not mean you are ineligible for benefits. The appeals process provides an opportunity to contest the decision and submit additional evidence to support your disability claim.
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Understanding the SSDI Appeals Process
San Jose SSDI Appeals Experts – Local Representation Matters
Our firm represents clients throughout Silicon Valley, including San Jose, Santa Clara, Sunnyvale, Mountain View, and Cupertino. We frequently handle SSDI appeals at the San Jose Office of Hearings Operations (OHO) located at 96 North Third Street, San Jose, CA 95112.
Having an attorney familiar with local judges can significantly impact the outcome of your appeal.
If your claim has been denied, you have 60 days to file an appeal. The SSDI appeals process consists of four levels, each providing another opportunity to win your claim:
At this stage, a new SSA reviewer will re-examine your application and any additional evidence submitted. Most applicants are still denied at this level, but it is a necessary step before proceeding to a hearing.
This is your best opportunity to win benefits. You will present your case before a judge, who will evaluate your medical records, work history, and ability to work. Having an experienced SSDI lawyer greatly increases your chances of success at this stage.
If the judge denies your claim, you can request a review by the SSA Appeals Council. The council may either overturn the decision, send it back for another hearing, or deny the request.
As a final option, you can file a lawsuit in federal court to challenge the SSA’s decision. Our team is prepared to take your case to this level if necessary.
Signs You Need an SSDI Appeals Lawyer
You may benefit from legal representation if:
- You are unsure why your claim was denied.
- You have no recent medical evidence supporting your disability.
- You find the SSA appeals process overwhelming.
- You were denied due to failure to follow prescribed treatment.
- Your SSDI hearing date is approaching, and you don’t know how to prepare.
- You want to maximize your backpay and monthly benefits.
Have You Been Denied SSDI Benefits? We Can Help.
If your Social Security Disability Insurance (SSDI) claim has been denied, you are not alone. Over 60% of first-time SSDI applications are denied. However, a denial does not mean the end of your claim. With the right legal representation, you have a strong chance of winning your appeal and securing the benefits you deserve.
At Scher, Bassett & Hames, our experienced San Jose SSDI appeals attorneys have successfully helped countless clients overturn denials and obtain disability benefits. We understand the complex appeals process and will fight aggressively to help you prove your disability and right to benefits.
Get the SSDI Benefits You Deserve
If your SSDI claim has been denied, don’t give up. The appeals process can be complex, but our San Jose SSDI attorneys are here to guide you every step of the way.
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- Denied SSDI claims lawyer in San Jose
- San Jose Social Security disability appeals attorney
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Why Was My SSDI Claim Denied?
The Social Security Administration (SSA) denies most initial claims for a variety of reasons, including:
- Lack of medical evidence proving disability
- Earning above the Substantial Gainful Activity (SGA) limit
- Failure to follow prescribed medical treatment
- Lack of work credits or insufficient employment history
- Incomplete or incorrect application forms
- Failure to cooperate with SSA requests for additional information
If your claim was denied, don’t panic. Many applicants who are initially denied win on appeal with legal help.
What Evidence Can Strengthen My SSDI Appeal?
If your SSDI claim was denied, providing strong supporting evidence is crucial to overturning the decision. Our team will work with you to obtain:
- Updated medical records showing the severity of your condition
- Doctor’s statements confirming your inability to work
- Work history reports detailing how your condition affects job performance
- Testimonies from vocational experts explaining your work limitations
- Additional supporting documents required by the SSA
How to Prepare for Your SSDI Hearing
What to Bring:
- Updated medical records
- List of prescribed medications
- Work history reports
- Written statements from doctors
- List of daily limitations due to your disability
What to Expect:
- The judge will ask about your work history and symptoms.
- A vocational expert may testify about jobs you could perform.
- Your attorney will challenge unfair SSA conclusions.
How an SSDI Appeals Lawyer Can Help You Win Your Case
Hiring an SSDI appeals attorney significantly improves your chances of success. Our team will:
Review your denial letter and identify the reasons for rejection
Ensure all deadlines and documentation requirements are met
Gather and submit additional medical evidence to strengthen your case
Prepare you for your hearing with the administrative law judge
Represent you at every stage of the appeals process
Cross-examine SSA experts to challenge their claims about your ability to work
Contact Us
Contact Our San Jose Denied SSDI Claims Appeal Lawyer Today
Call Scher, Bassett & Hames today at (408) 739-5300 or fill out our online form to schedule a FREE consultation. There are no upfront costs, and we only get paid if you win your case.
Schedule Your
Free Consultation
Provide the information below or call us at:
FAQs About Denied SSDI Claim Appeals
What is the success rate of SSDI appeals at an ALJ hearing?
Over 50% of applicants win their cases at an ALJ hearing when represented by an attorney.
How much SSDI backpay will I get if I win my appeal?
Backpay is calculated based on your original filing date and may include up to 12 months of retroactive payments before your application date.
What should I say to the disability judge?
Be honest and specific about how your disability affects your daily life and ability to work.
How long do I have to appeal my SSDI denial?
You must file an appeal within 60 days from the date you received your denial letter.
What percentage of SSDI appeals are successful?
While only 30% of initial applications are approved, over 50% of cases that reach an ALJ hearing are approved with legal representation.
Can I apply for SSDI again after being denied?
Yes, but instead of starting over, filing an appeal is often the better option since it preserves your original filing date and backpay eligibility.
How long does the SSDI appeals process take?
Each level of appeal varies in time:
Reconsideration: 3-6 months
ALJ Hearing: 12-24 months
Appeals Council: Several months to over a year
Federal Court: Up to several years
What if I miss the 60-day appeal deadline?
Missing the deadline can result in starting over with a new claim, causing delays and loss of backpay. However, exceptions may apply in certain circumstances.
How much does it cost to hire an SSDI appeals attorney?
At Scher, Bassett & Hames, we work on a contingency fee basis, meaning you pay nothing upfront and only pay if we win your case.