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Do You Have Options For SSDI After An ALJ Denial?

For some people, Social Security Disability Income is their only option. It’s disappointing though when you go through the multiple steps and see rejection again and again. If you have done everything you can and are unable to work, call a Milwaukee SSDI attorney for help.

What is An ALJ Hearing?

Anyone denied social security income has the right to request a hearing with an ALJ. An ALJ is an Administrative Law Judge. In Wisconsin, they’re one of the final deciding factors in ALJ disputes or concerns.

If you haven’t yet got to the step of an ALJ hearing, you should submit your application right away. A Milwaukee SSDI attorney can help you with the application process. A lawyer should help you gather your supporting evidence to make a strong case in your hearing.

However, if you’re already had your ALJ hearing, and were denied it might seem like you’re out of luck. That’s not entirely true.

What Happens After Denial From An ALJ?

After the ALJ makes their decision, you can file a request for review of that decision. Then an appeals council with the Office of Disability Adjudication and Review will look at your case.

You can file this request with any local Social Security Administration office. The best way to increase your odds of a good outcome is to get a lawyer to do this for you.

At this stage, you must prove that you should rightfully receive SSDI benefits and that the ALJ decision was wrong. Typically these judges are understanding, but they must act within certain limits.

A Milwaukee SSDI attorney can present paper evidence in a way that showcases your daily struggles. The fact that the disability prevents you from working is the primary focus of this hearing. An ALJ will typically not provide a simple yes, or no answer either.

They may give a partial-favorable which may provide some relief, but not long term disability. This decision still gives rise to the option of an appeal. If you didn’t get the favorable decision that you need, then you should start the next appeals step.

In WI, there is a 60-day window to file for an appeal. After filing for an appeal, you must wait to hear the appeal council’s decision by mail.

Are There Options If The Appeals Council Denies The Claim?

Yes, there are still options if the appeals council determines that they side with the ALJ. The denial from an appeals council though takes the case out of the immediate region. You wouldn’t be dealing with the local SSI office anymore.

Instead, you would work to file a case with the United States District Court. If at that time you still haven’t sought legal counsel, you will need it. The rules for taking the case to the U.S. District Court are strict and difficult to navigate.

A lawyer will walk you through what it means to take an SSDI claim to the U.S. District Court. They should be by your side the whole time, with knowledge and experience to guide you.

What a Milwaukee SSDI Attorney Can Do

There is no such thing as an easy appeals process in WI. There are very low approval rates throughout the process. The low approval rates are almost certainly because of the complex paperwork and confusing rules.

Anyone who is not familiar with the SSDI appeals system does not have much hope to see approval of their claims. The bigger issue though is that when people file on their own, the process can take years.

A Milwaukee SSDI attorney should know the system and how to work it faster than normal. A lawyer should help you through the paperwork aspect. They should also help you document your evidence, find witnesses and present your case.

Ideally, the process will reach a resolution within a few months rather than years.

The most impactful thing that a lawyer can do though is to show where the ALJ went wrong. After an ALJ makes their decision, a lawyer must show that they erred and that you should get SSDI.

Contact A Milwaukee SSDI Attorney

Since there are so many steps in this process, it’s not encouraged that anyone should do it alone. When it comes down to the appeals council making their final decision you want the best chance you could have. A lawyer can set you up with a strong case.

Many people opt out of using an attorney because they believe it might cost more than their case. Work with a local attorney to understand how they fight for you.

If you’ve gone through the appeals process, you need legal help, a Milwaukee SSDI attorney can help you. They can explain the small windows of time for reconsideration and what to do next. Call Tabak Law for a free case review.

Injured? Unable to Work? We Can Help!

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