People who find themselves suddenly facing disabling conditions often rely on Social Security Disability benefits to survive financially and afford basic living expenses. When the Social Security Administration (SSA) denies your claim, you have the chance to appeal the decision, and you don’t have to do it alone.
A San Antonio Social Security Disability denial lawyer from Marc Whitehead & Associates can help. Our lead attorney, Marc Whitehead, is double-board certified in disability law and litigation. We can handle every step of the appeal process while you focus on your health.
Call us today to learn more about what our San Antonio disability lawyers can do for you and your family. We offer free consultations so you can explore your legal options.
Call or text (800) 562-9830 or complete a Free Case Evaluation form
How Our Social Security Disability Denial Attorneys in San Antonio Can Help
After investing significant time and effort into an initial SSD claim that results in a disappointing denial, claimants face an uphill battle waging a complex, multi-stage appeals process largely stacked in favor of the Administration’s prior decision.
Having an experienced Social Security Disability lawyer advocating on your behalf provides an advantage for overturning wrongful benefit rejections. Our attorneys have honed over decades of disability-focused experience to optimize your case at every appellate level.
Reconsideration
The first stage requests a complete re-examination of your initial SSD application by a new claims representative. Our San Antonio Social Security Disability denial attorneys can supplement your file with:
- Additional medical documentation
- Assessments from vocational experts
- Logical arguments against each of the SSA’s denial justifications
Hearing With Administrative Law Judge
If denied again after Reconsideration, your case proceeds to a hearing before an independent Administrative Law Judge (ALJ). Our lawyers cross-examine vocational experts and any medical professionals providing testimony. We adopt focused legal arguments pinpointing flaws in how the SSA evaluated your work history, education, age, RFC (residual functional capacity), and disability listing criteria.
Appeals Council Review
For denials sustained by the ALJ, we elevate your case by requesting a review from the SSA’s Appeals Council. Our arguments stress disagreements with how the Judge weighed medical evidence, applied SSA’s regulations/rulings, or resolved inconsistencies in the decision contradicted by substantial record evidence.
Federal Court Lawsuit
If the Appeals Council also rules against your claim, we can pursue a final appeal by filing a lawsuit in the US District Court. Federal judges provide impartial reviews based strictly on the existing SSD case record and SSA’s adherence to its governing regulations/policies.
For a free legal consultationwith a denied social security disability lawyer serving San Antonio, call (800) 562-9830
Common Reasons for Social Security Disability Claim Denials
The SSA may cite various rationales when denying claims for disability benefits. Our Social Security Disability denial attorneys in San Antonio are aware of these potential roadblocks and can build a case that challenges the SSA’s typical justifications.
Conditions Don’t Satisfy the SSA’s Disability Listing Requirements
The SSA maintains impairment listing criteria outlining specific diagnostic requirements for conditions considered inherently disabling. If your conditions don’t precisely satisfy a listing’s technical criteria, the SSA may cite this as a reason to deny your claim.
Your Ability to Engage in “Gainful Work Activity”
Even with limitations from your condition(s), if the SSA determines you retain the functional capacity to perform your past job duties or some other gainful employment, they may claim you don’t meet their strict disability definition.
Clerical Errors or Omissions in Your Initial Application
Simple mistakes like failing to properly complete sections of the initial disability application, providing inconsistent information, or omitting relevant details can result in a technical denial based on the SSA lacking sufficient information.
Lack of Objective Medical Evidence in Your Initial Application
To prove the existence, severity, and permanence of your disabling condition, the SSA requires extensive objective clinical documentation from acceptable medical sources like physicians, psychologists, and hospitals. Denials frequently allege there is insufficient objective data like test results, clinical findings, imaging scans, etc.
San Antonio Denied Social Security Disability Lawyer Near Me (800) 562-9830
How You Can Support Your Claim for Social Security Disability Benefits
One of the most frequent justifications the Social Security Administration cites for denying disability claims is “failure to follow prescribed treatment.” If the SSA alleges you have not complied with your healthcare providers’ recommended therapies, it can argue your condition and symptoms are not as severe or functionally limiting as you stated.
Maintaining meticulous adherence to all treatment protocols from your physicians, therapists, and other medical sources is absolutely vital for substantiating the disabling nature of your impairments. The SSA requires extensive evidence detailing the results of examinations and treatment responses, thoroughly documenting your condition’s permanence and severity.
Even temporarily deviating from your prescribed regimen opens the door for the SSA to claim your impairments are not truly debilitating or could be controlled with adherent treatment. They may reason that if your condition was as functionally limiting as alleged, you would have no option but to dutifully follow all clinical recommendations and prescribed therapies.
Prompt Action Required: SSD Denial Appeal Deadlines
After the disappointment of having your initial Social Security Disability claim denied, you only have a very limited window of time to initiate the appeals process and preserve your ability to challenge the Administration’s decision.
From the date you receive your SSD denial letter, federal regulations afford you just 60 days to file a Request for Reconsideration. This is the mandatory first step to begin the multi-level appeals process and have your case reevaluated by a new claims representative.
If you miss this strict 60-day deadline, your denial becomes administratively final, and you may have to start the entire SSD application process from the beginning—an outcome that could create lengthy and costly delays in receiving the benefits you likely need to make ends meet with your disabilities.
Let Our San Antonio, TX, Social Security Disability Denial Lawyers Help
You deserve to focus on your health and your family right now. At Marc Whitehead & Associates, our SSD lawyers in San Antonio can handle all of the legal work. We will be with you every step of the way throughout the lengthy appeals process.
Call us now to get started. We can explain how we can handle your appeal during a free initial consultation. We do not charge upfront legal fees, as we work on contingency.
