Federal Social Security Disability Appeals

Most Social Security disability claims submitted to the SSA in New Mexico are initially denied due to missing documentation, incorrect documentation, overworked or uninformed staff at the state agency level, or lack of evidence validating a disability. When a disability claim is denied, applicants can file a reconsideration appeal, but the majority of those reconsideration appeals in New Mexico are denied. Many cases require appealing to attend a disability hearing before a SS administrative law judge. At the hearing stage, many cases are approved, but about half are denied. If denied at the hearing level in New Mexico, one can file an Appeals Council appeal; However, most claimants appealing a hearing denial are not awarded Social Security benefits. When this happens, they must appeal again. Upon denial by the SSA appeals council, claimants have one final avenue–a Federal District Court Appeals. You must have an attorney licensed in your Federal Court district to represent you at this stage.

If your disability claim has been denied throughout the administrative process, you will need to hire a federal disability attorney to handle your claim at the federal district court level. When filing a civil action in a New Mexico District Court on your behalf, your lawyer will designate the Social Security Commissioner as the “defendant” and you as the “plaintiff”. Federal disability claims are filed in a District Court determined by your residential district. Consider having your Social Security disability claim evaluated by a New Mexico District Court as a type of “federal appeal” with the authority to overturn the previous denials given by the Social Security Administration.

During review of a denied disability application, a federal District Court judge will decide of the SSA was wrong in denying the claim for SSDI benefits. The assistance of a local federal attorney specializing in SSA disability cases is essential for pointing out errors made by SSA evaluators and administrative judges to the District Court judge. Local New Mexico Disability attorneys possess the expertise needed to prove that the SSA was wrong in denying a claim. In addition, a disability lawyer has in-depth knowledge of legal procedural issues supporting the argument that a claim should be approved immediately by a federal district court. It is important to hire an attorney who is licensed and experienced in your local area.

Another reason why you should hire an SSDI appeals attorney is that a federal district court judge does not consider new medical documentation. The judge will only read the transcript of your appeals case heard by a Social Security administrative law judge. Any medical evidence reviewed by a district court judge will be the same evidence originally seen by SS evaluators and the administrative judge.

The general purpose of having a denied SSDI claim reviewed by a federal district court is not to determine if a disability exists but to determine whether the Social Security Administration followed the correct procedure in assessing your claim. Federal court is complicated and it takes someone experienced and someone local to help. Contact Decker Law Office today to schedule a consultation appointment if your SSDI appeals have been denied by an Administrative Law Judge and/or the Appeals Council. Legal assistance is imperative to winning your case and receiving the disability benefits you deserve.