The Social Security Disability Benefits Claim Application Process:

Sadly, more than 70% of initial applications for Social Security disability benefits are denied at this first stage in a frustrating process, with this decision taking several months to arrive. Many individuals suffering from disabling conditions that legitimately prevent them from working, will be denied Social Security disability benefits when they first apply. The most common mistake people make is not appealing Social Security’s denial of your claim for disability benefits. When your application is denied you have the legal right to appeal that decision – the deadlines for appealing a denial generally are strict and not very long so do not delay in appealing a denial from the SSA (Brian and Tiffany can help you with the appeal process – please call Cascadia Disability Law at 503-891-8376 / 800-891-0867 to discuss your situation.)

If you already are or have been receiving Social Security disability benefits and the SSA stops those benefits you also have the right to appeal the stoppage (or cessation) of your benefits. And yes, the deadlines for appealing a stoppage of benefits generally are strict and not very long so do not delay in appealing a cessation of benefits by the SSA (Brian and Tiffany may be able to help you with the appeal process – please call Cascadia Disability Law at 503-891-8376 / 800-891-0867 to discuss your situation.)

The Social Security Disability Benefits Application Claim Appeal Process:

Unfortunately,nearly 90% of those who appeal their initial or first stage denial are again denied at the second stage (also known as reconsideration) in another process that also lasts several months and often increases one’s level of frustration. Clearly, many individuals suffering from legitimate disabling conditions that prevent them from working are denied Social Security disability benefits when they apply and again when they ask for reconsideration of that initial denial. Once again, The most common mistake people make is not appealing Social Security’s second denial of your claim for disability benefits. You have the legal right to appeal that reconsideration decision by asking for a hearing before an administrative law judge (ALJ) – and yes, once again, the deadlines for appealing a reconsideration denial generally are strict and not very long so do not delay in asking for a hearing before a Social Security administrative law judge. (Brian and Tiffany can help you with the appeal process – please call Cascadia Disability Law at 503-891-8376 / 800-891-0867 to discuss your situation.)

Unfortunately, with few exceptions the time from when you request a hearing before an ALJ and when you get to go see the judge will be 15 – 18 months in Oregon (yes, you read that correctly more than one year on average.) The good news is that around 50% of the individuals who go before an ALJ are awarded disability benefits by a judge’s favorable decision (Brian and Tiffany can help you with the hearing appeal process – please call Cascadia Disability Law at 503-891-8376 / 800-891-0867 to discuss your situation.) A few weeks or months after the hearing, the ALJ will issue a written decision. This decision will be fully favorable to the individual claimant, partially favorable (usually the benefits begin at a later date than you requested on your initial application) or unfavorable (a denial) to you.

What about those individuals who do not receive a fully favorable decision after seeing the judge? Once again, those individuals have the right to appeal the ALJ’s denial to the Appeals Council of the SSA and once again the deadlines for filing such an appeal generally are strict and not very long so do not delay in appealing an unfavorable decision from an ALJ (Brian and Tiffany can help you with the appeal process – please call Cascadia Disability Law at 503-891-8376 / 800-891-0867 to discuss your situation.). Regrettably, more than 70% of the cases submitted to the Appeals Council are declined (meaning the Appeals Council agrees with the ALJ’s decision.)

After the seemingly inevitable Appeals Council denial, an individual still fighting to win disability benefits from the SSA can file an appeal with the federal district court in his or her state of residence (Brian and Tiffany may be able to assist you with the federal court appeal process if you live in Oregon; or refer you to other attorneys if you reside in another state – please call Cascadia Disability Law at 503-891-8376 / 800-891-0867 to discuss your situation.)

How Cascadia Disability Law LLC Gets Paid:

• Our Fees Are Contingent
  Our Social Security Disability practice is contingent fee based (meaning if you are not approved for benefits, we are not approved for a fee), with fee caps (or limits) set by Congress. For most cases the fee cap is 25% of any past due benefits awarded to you or $6,000, whichever is LESS. Generally, the Social Security Administration will deduct the fee amount from your past due benefits award and send it directly to your attorney. There is no fee deducted or owed from your future monthly ongoing benefits.
• Free Consultation
  There is no charge for the initial consultation.