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Denver Social Security Disability Lawyer: How to Appeal a Judge’s Decision

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Tuesday, 23 February 2010 03:32

Filing a claim for Social Security Disability compensation isn’t as easy as it seems.  Many people find that a judge denies their petition, but that doesn’t mean they should give up.  A Denver Social Security Disability Lawyer can help if you are denied by an Administrative Law Judge (ALJ) at a Social Security hearing.  Remember, you do have the right to appeal to the Social Security Appeals Council.

denied_disablity

In order to do this, you must fill out the form HA-520-U5, which is a formal request for a review of your hearing decision.  But don’t wait too long to file.  You only have 65 days after the date stamped on the judge’s decision to get the appeal to the Appeals Council.  Please note – your appeal must be delivered to the Appeals Council by the 65th day, not merely postmarked.

Remember, the Appeals Council will not actually hold a hearing for your appeal; they will do a paper review of your file instead.  This means your appeal must contain every reason for your appeal and why you disagree with the decision.  Your attorney will often add a supplemental brief. 

Because the council will look for legal arguments, such as misapplication of the law or errors in process, an attorney should really be involved at this stage.  The council will be less interested in questioning the facts of your case as long as there is a legal basis for the judge’s decision unless there is a significant factual error not supported by the evidence. 

If you want to succeed in your claim with the Social Security Disability Appeals Council, do not wait until you are denied at a hearing to hire an attorney. A Denver Social Security Disability lawyer present your case to a judge in a professional, legally sound manner. 

Studies have shown that  working with an attorney for your disability claim has a much higher disability acceptance rate than going on without one. Clawson & Clawson attorneys are experienced in handing disability claims and will give you a much better shot at getting accepted by the DDS, not to mention also taking care of the tedious paperwork. Contact us for a quick consultation.



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