Q: Once a judge has denied you benefits is that it, or can you appeal? And do you need to have representation of a social security disability lawyer to appeal at this level?
A: If you were denied disability benefits again after having been through a hearing, you can appeal further. And it is best to have a social security disability lawyer at your side at this point in the appeals process. Your next step is to file a request with the Appeals Council to have the decision of the judge reviewed. Your request for review will either be denied or approved. if it is approved, the Appeals Council will either review it and make a decision or send it back to court to have it reviewed by another administrative judge. If the Appeals Council agrees that the original decision of the judge should stand or you are denied benefits again after a new judge reviews the case, you can appeal further with the help of a social security disability lawyer by filing a civil suit in Federal Court. Likewise, if the Appeals Council denies a review altogether and you wish to appeal, your next step would be to file a civil suit. If you do not yet have a social security disability lawyer, you will want to hire one now. This last step in the appeals process is a serious one. You are filing a suit against the Social Security Administration. You want to be prepared and know what is ahead of you. Representatives that are not lawyers cannot file a suit in Federal Court. You will need a social security disability lawyer.
Q: If you file an appeal with the Federal Court, will they either award you benefits or deny you again?
A: When you file a civil suit in Federal Court against the Social Security Administration, the court generally does not decide whether you are eligible for benefits or not. It simply determines whether you should be granted another hearing, due to mistakes or missteps during your hearing based on the evidence the judge had at the time. Your social security disability lawyer will assure that you are prepared for the civil suit and that all evidence and supporting documentation has been filed.
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