
By: Capital Injury Law


By: Capital Injury Law
August 31, 2024
Navigating the SSD Appeals Process with Talbot & Kesling

Table of Contents
Receiving a denial for your Social Security Disability (SSD) claim can be a disheartening experience, but it doesn’t have to be the end of the road. Many claims are initially denied, often due to technical issues, lack of sufficient medical evidence, or other reasons that can be addressed through the appeals process. At Talbot & Kesling and Capital Injury Law, we specialize in helping clients in Washington State navigate the complexities of appealing denied SSD claims. Let us guide you through the different stages of the SSD appeals process and explain how our experienced attorneys can assist you at each step to increase your chances of a favorable outcome.
Understanding the SSD Appeals Process
The SSD appeals process involves several stages, each offering an opportunity to challenge the denial of your claim. Here’s a breakdown of what you can expect at each stage:
1. Reconsideration
What It Is: The first step in the appeals process is to request a reconsideration of your claim. This means asking the Social Security Administration (SSA) to take a second look at your application. A new examiner, who was not involved in the initial decision, will review your case along with any additional evidence you provide.
How We Help: At Talbot & Kesling, we carefully review the reasons for your initial denial and work with you to gather any missing or additional medical evidence that can strengthen your case. We then submit this new information during the reconsideration process to give your claim a better chance of approval.
2. Hearing Before an Administrative Law Judge (ALJ)
What It Is: If your reconsideration request is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ). This is a critical stage where you can present your case in person (or via video conference) and explain why you believe your claim should be approved.
How We Help: Our attorneys will prepare you for the hearing, ensuring that you understand what to expect and how to present your case effectively. We’ll gather expert witnesses, such as medical professionals, to testify on your behalf and present compelling arguments that highlight the impact of your disability on your ability to work.
3. Appeals Council Review
What It Is: If the ALJ denies your claim, you can request a review by the SSD Appeals Council. The council will review the ALJ’s decision to determine if there were any legal errors or if the decision was supported by substantial evidence. The council may affirm the ALJ’s decision, send the case back for a new hearing, or reverse the decision and grant benefits.
How We Help: At this stage, Talbot & Kesling will meticulously review the ALJ’s decision to identify any errors or inconsistencies. We’ll draft a detailed written argument that outlines why the SSD Appeals Council should review your case and grant you the benefits you deserve.
4. Federal Court Review
What It Is: If the Appeals Council denies your claim or refuses to review your case, you can file a lawsuit in federal court. This is the final stage of the appeals process, where a federal judge will review your case and issue a ruling.
How We Help: Bringing a case to federal court requires a deep understanding of SSD law and legal procedure. Our attorneys are experienced in litigating SSD appeals cases in federal court and will advocate vigorously on your behalf. We’ll file the necessary legal briefs, present oral arguments, and work to achieve the best possible outcome for your case.
Why Work with Talbot & Kesling?
Appealing a denied SSD claim is a complex process that requires legal expertise and a thorough understanding of Social Security law. Here’s how Talbot & Kesling can make a difference in your appeal:
Experience: With years of experience handling SSD claims and appeals in Washington State, our attorneys know what it takes to build a successful case at each stage of the appeals process.
Personalized Attention: We understand that every case is unique. Our team takes the time to understand your specific situation, gather the necessary evidence, and tailor our approach to meet your needs.
Aggressive Advocacy: We are committed to fighting for your rights. Whether it’s challenging the SSA’s decision or presenting your case in front of an ALJ, we’ll advocate passionately on your behalf.
No Upfront Fees: We work on a contingency fee basis, which means you don’t pay unless we win your case. This ensures that you have access to high-quality legal representation without financial risk.
A denial of your SSD claim is not the final word. The appeals process offers multiple opportunities to overturn that decision and secure the benefits you need. By working with the experienced attorneys at Talbot & Kesling, you can navigate the complexities of the appeals process with confidence, knowing that you have dedicated advocates on your side.
If your SSD claim has been denied, don’t wait to take action. Contact Talbot & Kesling or Capital Injury Law today to schedule a consultation and learn how we can help you successfully appeal your denied claim.
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