If you are applying for Jacksonville Beach Social Security disability benefits and your claim has been denied, you might appeal all the way to the third level of the appeals process, the hearing stage. At this stage, your case will be heard by an administrative law judge who will make a decision about your eligibility for benefits. This is different from the first two levels of the process, where your case is reviewed by stage agency decision-makers at the Social Security Administration. Your Jacksonville Beach Social Security disability lawyer will explain the details of this process to you.
There are many differences between the decision-making process at the state agencies and the hearing. All decision-makers at all levels who review your file are directed to issue rulings that are consistent with the medical evidence, but the state agency usually reviews your case solely on the basis of the file submitted by you and your Jacksonville Beach Social Security disability lawyer. Rarely do they look beyond the medical findings to make a decision about Jacksonville Beach Social Security disability benefits.
The state agency often uses the Listing of Impairments as a basis for making decisions, which your Jacksonville Beach Social Security Disability Lawyer will be familiar with, even though there have been lawsuits challenging this process. The Listing of Impairments is often used as a basis for denying benefits for claimants who are under 50. If you are under 50, discuss possible alternative paths to disability with your Jacksonville Beach Social Security disability lawyer.
On the other hand, administrative law judges, or ALJ, tend to use medical findings as the basis to look at a range of possible residual functional capacities, or your ability to perform work-related activities. The ALJs tend to review the entire case as a whole, not simply the findings submitted by your Jacksonville Beach Social Security disability lawyer. Claimants who are under 50 are far more likely to be found disabled by an ALJ than by the state decision-maker, so your Jacksonville Beach Social Security disability lawyer will encourage you to appeal your claim to the hearing stage.
For more information about qualifying for Jacksonville Beach Social Security Disability Benefits, contact an experienced Jacksonville Beach Social Security disability lawyer at The Law Offices of Lori A. Gaglione. Call 904-249-1440.
