How the Appeals Process Really Works

The purpose of this outline for you is two things... First I want you to understand up-front the time and requirements of an appeal. Second, I want you to understand that the red tape of the Social Security Administration can be used against you. As long as your case is alive, you have a chance of winning it at one level or another.

Do not become discouraged.... If you quit, you lose.

Initial Application: This can be taken care of by telephone. Be sure to return the application to this office after you receive it in the mail. This will speed up getting your case started. We will also help you fill out any necessary forms that Social Security might send you.

Request for Reconsideration: If you are in Missouri skip this step and goto Request for hearing. If you are in Arkansas this is the next step and should be taken care of as soon as your initial application has been denied. If it is not appealed within sixty (60) days, you may have to start over, unless you prove good reason why it was not appealed within the sixty(60) days. If you received a denial, contact this office to make sure a copy of the denial has been sent to us and that we have asked for reconsideration. Again, you should not be discouraged if your Request for Reconsiderationn also ges denied. It will usually take Social Security four months to issue a decision in the Request for Reconsideration.

Request for Hearing: This is the next step after a denial has been issued on your Request for Reconsideration. You CANNOT request a hearing until your Request for Reconsideration has been denied. There is some movement in the Social Security Administration to eliminate the Request for Reconsideration, but at the present time it has not been eliminated. It will take an average of eighteen(18) months to have a hearing scheduled, after you have filed a Request for Hearing. Here again, if your Request for Reconsideration is denied, you only have sixty(60) days to request for Hearing. If you receive such a denial contact this office to make sure that we have received it and that a Request for hearing has been filed on your behalf.

Hearing: You generally will be notified at least twenty(20) days before your scheduled hearing. I will also contact you and schedule a meeting with you and your witness to prepare for the hearing. The hearing is a good opportunity to win your case. After the hearing, it is generally two(2) to five(5) monts before you receive a written decision from the Judge. If you lose at this stage it does not mean that your case is over with. It does mean that it will probably take quite a bit longer to win your case. At this time you can appeal the decision to the Appeal's Council, Start over, or do both. We generally only start over at this stage if your disability has become worse since the hearing.

Federal Court: If you are denied at the Appeal's Council level you have sixty(60) days to file a lawsuit in Federal Court. You can also start your case over again at the initial application or you can do both. The pros and cons of what to do will be discussed with you at this point. Each case is different and it is impossible to state what needs to be done at this level without looking at each case separately. If you appeal to Federal court it will be approximately one(1) year to eighteen(18) months before you will have a decision rendered.

Eight Circuit Court of Appeals: If you lose in Federal Court your case may be started over at the initial application level, or appealed to the Eight Circut Court of Appeals. Unless we feel that an error of law has been made in your case we probably will not appeal to Eight Circuit Court. This needs to be discussed on a case-by-case basis.

Supreme Court of the United States: If you lose at the Eight Circuit Court of Appeals, you may be able to start over again at the initial application or appeal to the United States Supreme Court. An appeal to the United States Supreme court is very unlikely due to the fact that United States Supreme Court chooses a very limited number of cases they will hear each year. So the mere fact that you appeal a case to them does not mean they will hear it. Social Security cases are very rarely appealed to the United States Supreme Court.

Ready to start your appeal?

We'd love to help.... visit our site and fill out the form.... and we'll get started.

http://www.getsocialsecuritydisability.com

NO RECOVERY NO FEE

We know that most people who are unable to work will have difficulty paying for their medical expenses and other bills. This problem is in addition to the pain and suffering you may be enduring because of your disability. You don't need the additional stress and frustration of dealing with the Social Security Administration in trying to obtain your Social Security Disability benefits. Let our highly qualified attorneys and associates handle that problem for you.

We have a registered nurse and a former supervisor who was with the Social Security Administration for 30 years on our staff. We can help you at any stage in your case: From starting your case, to appealing the decision if you have been denied. We have a high success rate and we don't get paid unless we win your case.

Our website is filled with valuable resources including our extensive F.A.Q. section where we cover some of the most difficult questions about obtaining benefits. Not to mention our links page that has alot of useful links to help you obtain discounted prescriptions.

We have also added an easy to use form that will help us determine your eligibility. Everything is offered free of charge.

Visit our Site today!!

WWW.GETSOCIALSECURITYDISABILITY.COM

How can I survive while applying for Social Security benefits?

There is no easy answer to this question. Obtaining Social Security Disability benefits can often take months if not years. In many claims it may be up to two years before all other appeals are exhausted and the claimant gets a hearing before the administrative law judge. With this in mind, claimants should plan ahead financially. Avoid any major purchases, and try restricting debt. Consider any possible loans, home equity or otherwise to help get through this period. Claimants should also consider applying for other benefits that they might be eligible for such as food stamps, rental assistance, etc. Your local church or friends and family might also be able to help. Contact the local DDs office. Please note that it is unethical for an attorney to advance money to his client. We are not allowed to do this and you should be leery of any attorney who might agree to do this. You can also review the questions concerning part time work, or a "trial work period" if necessary.   

Read more from our F.A.Q's section.

CLICK HERE

David Throesch Law Firm

1-800-628-5313

www.getsocialsecuritydisability.com

What determines if a child is disabled?

Child cases are different than adult cases. In adult cases you have to prove the claimant is not capable of gainful employment so a different standard of disability has to be used. In child cases it must be proven that the child has a severe impairment or a combination of impairments that causes a marked degree of limitation in at least two degrees. If the child's only disability is ADHD and he is successful on medication and making good grades in school, that child will almost always be turned down for disability benefits.  

We would like to help you with your childs disability options.

Please visit our site: http://www.getsocialsecuritydisability.com

and fill out our eligibility help form.  You can also reach us at : 1-800-628-5312

Receiving Medical Treatment?

MAKE SURE YOU ARE RECEIVNG MEDICAL TREATMENT, 

AND TAKING YOUR MEDICATION AS PRESCRIBED!

When you file a claim for disability benefits, you must have medical records to prove you are disabled. Failure to seek medical treatment is very damaging to your claim. Although social security is supposed to take into consideration that you may not be able to afford regular treatment, your claim will most likely be denied if you do not seek medical treatment. You must, therefore, make a good faith effort to at least get treatment through a low-income clinic. If you cannot get tyreatment you should be prepared to testify as to what efforts you made to obtain low cost medical treatment and prescription drugs.

We have some great resources to help you get low cost medical treatment, and cheap/free prescriptions.

Visit our website today:

www.GetSocialSecurityDisability.com

The David Throesch Law Firm

1-800-628-5313

Appeals Council - Denied Benefits

     

     

     Even though you recieve an unfavorable decision at the initial hearing level. Not all hope is lost. the David Throesch Law Firm will automatically appeal your case to the Appeals Council in Falls Church Virginia. At this stage a detailed min brief is written, on your behalf, stating that the judge erred in finding youdisabled. For more information, please visit our website and fill out our no obligation eligibility form. This is the first step towards getting you the benefits you deserve. 

This is a 100% free, no obligation form.

David Throesch Law Firm

1-800-628-5313

GetSocialSecurityDisability.com

Are you eligible?

If you've been denied, or have yet to apply for benefits, we can help! Visit our website, and fill out our no obligation form today. This is the first step to our highly successful approach to helping you get your benefits.

All information provided completely free of charge. Any information that you provide will never be shared, and will only be used by our staff to help determine your eligibility for benefits. 

www.getsocialsecuritydisability.com

We want you to be informed about your rights to Social Security!

David Throesch Law Firm

210 E. Everett St

Pocahontas, AR 72455

110 Main St

Memphis, TN 38103

1-800-628-5313