Most people filing for Social Security disability do not hire an attorney until they have received their first denial. Attorneys handling disability denials at the Administrative Law Judge (ALJ) level will examine the original claim for errors and decide if more medical documentation is needed for the judge to determine a disability exists.
If a disability claim is denied by a Social Security ALJ judge, the claim can be appealed in a New Mexico Federal District Court. Disabled individuals who have been denied twice by the SSA must hire a local federal attorney to manage this kind of complicated civil action to significantly reduce their risk of being denied a third time.
Disability claims denied by a Social Security Administrative Law Judge can then be submitted to the Appeals Council for further evaluation. Members of the Appeals Council will not look at your disability claim itself. Instead, an Appeals Council evaluates the decision of the ALJ that resulted in denial of your claim. Whether the Appeals Council agrees with the ALJ or chooses to overturn the ALJ’s opinion and approve the claim depends on whether they find the ALJ made a procedural or technical error.
A common error found by an Appeals Council is the failure of an ALJ to consider the entirety of medical documentation proving the claimant’s disability. If this happens, the Appeals Council may send or remand your claim back to a different ALJ for a second hearing. A claim denied by a certain ALJ will not be remanded to the same ALJ who originally denied the claim.
By professionally evaluating your complete medical file, your SSDI Federal Court claim attorney will determine what caused your claim to be denied by an ALJ judge. Although new evidence of your disability cannot be submitted during an appeal to Federal Court, your attorney can write precise briefs detailing errors made by the ALJ judge and submit them to a New Mexico Federal District Court judge overseeing your appeal.
With in-depth knowledge of the legal maneuverings necessary to get your case sent back to an ALJ judge for reconsideration, a local SSDI Federal Court claim attorney can help you start receiving the monthly disability benefits you deserve as someone who can no longer work to earn gainful employment.
Most people use search terms like “disability attorney” or “SSDI lawyer” when they need an attorney to assist with SSDI denials. However, these search terms are vague and may give you results for attorneys practicing in another state. For the best results, try searching for “New Mexico Federal District Court disability attorney.”
When you find one you think may be suitable, call the attorney’s office and ask the following questions:
Litigating an appeal to Federal Court disability judges is a highly specialized field of law demanding an attorney with years of experience working in this particular field. You can avoid spending time searching for such a skilled attorney by calling the Decker Law Office today to schedule an appointment. We can help get your disability benefits approved as quickly as possible.