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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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.
You may benefit from legal representation if:
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.
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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The Social Security Administration (SSA) denies most initial claims for a variety of reasons, including:
If your claim was denied, don’t panic. Many applicants who are initially denied win on appeal with legal help.
If your SSDI claim was denied, providing strong supporting evidence is crucial to overturning the decision. Our team will work with you to obtain:
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
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.
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Over 50% of applicants win their cases at an ALJ hearing when represented by an attorney.
Backpay is calculated based on your original filing date and may include up to 12 months of retroactive payments before your application date.
Be honest and specific about how your disability affects your daily life and ability to work.
You must file an appeal within 60 days from the date you received your denial letter.
While only 30% of initial applications are approved, over 50% of cases that reach an ALJ hearing are approved with legal representation.
Yes, but instead of starting over, filing an appeal is often the better option since it preserves your original filing date and backpay eligibility.
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
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.
At Scher, Bassett & Hames, we work on a contingency fee basis, meaning you pay nothing upfront and only pay if we win your case.
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