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If Social Security denies your disability benefits, don’t give up. Get a lawyer who gets to know you as you appeal.

I Was Denied Disability Benefits, What Do I Do Now?

Most importantly, don’t give up. You can still win your case on appeal.

It can be devastating when the Social Security Administration (SSA) denies your claim for disability. And while the process to appeal can be a complex process, you can still win on appeal.

The majority of people (about 70%) who apply are turned down. But Charleston Social Security Disability attorney Robertson Wendt wants to help turn your denial into an approval.

If Social Security denies your disability benefits, don’t give up. Get a lawyer who gets to know you as you appeal.

Once You File an Appeal, There are
Four Levels:

  1. Reconsideration
    This is a review of your claim by someone who was not involved in the original decision. Your original evidence is reviewed along with any new information you provide.
  2. Hearing by an Administrative Law Judge (ALJ)
    These hearings take place in the Social Security Administration’s offices. At this stage, you get to present your evidence before a judge who will issue a ruling. Most cases that go on appeal are won at this level.
  3. Review by Appeals Council
    If the ALJ denies your case, you may ask the Appeals Council for a review. At this stage, the Appeals Council may return your case to the ALJ for a new hearing.
  4. Federal Court Review
    If you disagree with the Appeals Council decision, you can file a federal lawsuit in Federal District Court. You must have an attorney admitted to practice before the U.S. District Court in South Carolina to represent you at this level.

No matter where you are in the appeals process, you are strongly encouraged to get legal help. If you were denied, your case isn’t over; contact us for a free telephone evaluation.

Your hearing is often the most critical stage in your case. This hearing before the Administrative Law Judge is the best chance to present your evidence in person. It’s very important that you and your evidence are fully prepared. If you’ve received a denial letter, we strongly recommend you call us for help.

IMPORTANT – IF YOU RECEIVED A DENIAL LETTER, THE CLOCK IS TICKING. YOU ONLY HAVE 60 DAYS TO FILE AN APPEAL. DON’T MISS THIS IMPORTANT DEADLINE!

Charleston Social Security Disability attorney Robertson Wendt and his team will:

  • Prepare your case and set the strategy
  • Analyze your Social Security file
  • Prepare you to testify
  • Gather all the evidence from your doctors and other medical providers
  • Prepare a prehearing legal brief for the judge
  • Cross-examine any medical and vocational experts at your hearing.

Social Security sometimes brings in expert witnesses to provide testimony. Attorney Robertson Wendt knows how to present evidence to help your chances and to cross-examine these experts, if necessary.

The Majority of People Who Win Benefits Work with a Lawyer

Social Security’s own statistics show you have a better chance of winning disability benefits when you have representation. Since there are no attorney’s fees* if you don’t win benefits, the decision to get legal help is an easy one.

Board-certified Social Security Disability attorney Robertson Wendt has the experience and knowledge of disability law to help with your appeal. Contact our office now for a free telephone evaluation of your claim.

*Almost all Social Security lawyers charge the fee allowed by regulation – 25% of the past-due benefits, payable only if the claim is approved and results in the payment of past-due benefits, not to exceed an amount set by SSA (currently $6,000). Expenses such as the cost of medical records or opinions, filing fees, or expert witness fees will be charged in addition to attorney’s fees, but usually only if the claim is successful. Attorney’s fees of 25% of the past-due benefits for successful appeals to the Appeals Council or federal court are not subject to the $6,000 limit. Fees for representing a former client whose benefits have been terminated usually will be charged at 25% of the amount of the benefits payable from the date of termination through favorable decision.