Denied Social Security disability benefits? Our Memphis disability attorneys will handle your appeal with competence and compassion

If your application for Social Security disability benefits has been denied, you are not alone. Every year, many people who are truly disabled are denied benefits. As experienced Memphis disability lawyers, the best advice we can give you if your application has been denied is to appeal. While approximately two-thirds of Social Security disability applications are denied, over half of those who appeal will ultimately be awarded benefits.

Failing to appeal an initial denial is probably the biggest mistake Memphis Social Security disability applicants make. Sadly, after a denial some deserving applicants just give up; others re-apply over and over again. Once your claim has been denied, re-applying isn’t the best road to success and will probably just result in another denial.

The best way to proceed after a denial is to hire a skilled Memphis disability attorney to guide your claim through the appeals process. A good disability lawyer will figure out why your claim was denied and how to improve your chances on appeal.

The Social Security disability appeals process

A claim for Social Security disability benefits in Memphis could pass through up to four levels of appeal:

  1. Request for Reconsideration. The first step in appealing a denial is submitting a Request for Reconsideration. At this step, your application materials are reviewed by different evaluators than those who issued the original denial, but the result is almost always the same– an affirmation of the original denial.
  2. Administrative hearing. The second step is requesting a hearing before an Administrative Law Judge. This is the step at which a claim has the best chance of success. For the first time, you will get to meet the decision maker in person. The judge gets to see you and hear about your pain and other health problems from your own lips. The judge will listen to you, your witnesses, and your lawyer’s arguments before making a decision.
  3. Appeals Council review. If you receive an unfavorable decision, the next step is to request that the decision be reviewed by the Appeals Council in Falls Church, Virginia. This review is almost always a paper review without either you or your disability lawyer appearing.
  4. Lawsuit in federal court. If the appeals council affirms the Administrative Law Judge’s unfavorable decision, the next step is to file a lawsuit in Federal District Court against the Commissioner of Social Security. To win, you must establish that the Administrative Law Judge’s decision is not supported by substantial evidence or the Administrative Law Judge committed errors of law.

The process is complicated and difficult to navigate alone, especially when you are injured or ill. That is why so many people recommend getting an experienced attorney for your appeal once your initial application is denied.

If you haven’t yet applied for Social Security disability benefits

If you feel you cannot work, you may be considering applying for Social Security disability benefits. You do not need to hire an attorney before you apply. However, you may first want to look at some of the material on our website to educate yourself. In particular, you may find these items helpful:

Let us help you with your appeal

If your application for Social Security disability benefits has been denied, contact us today for a free initial evaluation of your case. Give our Memphis disability attorneys the opportunity to see if we can help you get the benefits you need and deserve. We offer outstanding client service with an understanding ear and friendly staff.

We know how stressful and discouraging it is to be denied disability benefits when you truly cannot work. We want to hear your story. We will be respectful of your time, offer you a complimentary beverage, and greet you with a warm welcome.

To schedule your free evaluation, please describe your claim using the form to the right, and we will respond promptly. Or you may contact us.

Darrell Castle & Associates PLLC
Memphis disability lawyers

Email us

4515 Poplar Avenue, Suite 510
Memphis, Tennessee 38117