Milwaukee, WI Social Security Disability Lawyer for Denied Applications

Attorney Representing People With Disabilities in Social Security Appeals and Hearings in Milwaukee County

After submitting your application for Social Security disability benefits and waiting months for a decision, it can be disheartening to learn that your benefits have been denied. Unfortunately, this is a fairly common occurrence, as the majority of applications are denied after the initial review. However, you do have the right to appeal a denial, and if you are successful, you will receive the full amount of benefits to which you are entitled.

While an attorney can help with any stage of the application process, it is especially important to have an experienced attorney on your side for your appeal. Attorney Jonathan Pearson has represented people with disabilities in their Social Security applications and appeals for more than a decade, and he has the knowledge and experience to help you approach your appeal with confidence and a plan for success. Jonathan will personally handle your case, and he will only charge a fee if your appeal is successful and you are granted benefits.

Why Was My Application for Social Security Disability Benefits Denied?

An application for benefits may be denied for a variety of reasons, and the Social Security Administration (SSA) should make it clear why your claim was denied when they notify you of their decision. Some common reasons for denial include:

• You are currently working and earning a substantial income. Social Security disability benefits are available only to people with disabilities that prevent them from maintaining substantial gainful activity (SGA). In 2022, this typically means work that earns a monthly gross income of at least $1,350. If you have a job that pays you at least this much, your claim will be denied.
• Your disability is not expected to last for at least 12 months. If after reviewing the available evidence, the SSA believes that your condition is likely to improve within a year, they will deny your application for benefits.
• Your condition does not severely inhibit your ability to perform work you have done in the past or any other SGA. Even if you are not currently working, the SSA can deny your application if they believe that, in your current condition, you are capable of fulfilling the work responsibilities of a job you have done in the past, or any other job you are qualified to perform that pays a substantial income.
• You are not following your doctor's recommended course of treatment. If your doctor has recommended treatment that would improve your condition, and you have chosen not to follow it, your application can be denied.
• You did not communicate or cooperate with the SSA. If you failed to respond to correspondence from the SSA or requests for additional information necessary to review your case, the SSA may decide to deny your application.
• You do not meet the non-medical eligibility criteria. If the SSA finds that you do not have the work history necessary to qualify for Social Security Disability Insurance (SSDI) or the financial limitations necessary to qualify for Supplemental Security Income (SSI), your application can be denied, even if you have a qualifying medical condition.

Pursuing an Appeal

Whatever the reason for a denial, you have the right to ask for an appeal within 60 days of receiving the SSA's decision. Jonathan will help you initiate your appeal and prepare for the process, which may go through several levels as follows:

1. Reconsideration - At this level, a new reviewer will perform a complete review of your case. You will have the opportunity to submit new evidence and to better communicate and cooperate with the reviewer this time around.
2. Hearing with an Administrative Law Judge - If your application is denied after reconsideration, you can request a hearing where we can present your argument and evidence before a judge who will issue a decision.
3. Review by the Social Security Appeals Council - If you disagree with the judge's decision, you can petition to take your case before the Appeals Council, who will determine whether an error was made in your previous hearing.
4. Review in federal district court - Your final course of action is to file a civil action in federal court. This may be a good option if you disagree with the Appeals Council's decision or they choose not to hear your case.

Contact a Waukesha County Social Security Disability Appeal Attorney

If you need advice on your best course of action, and you want to speak with an attorney who can represent you throughout your appeal, contact us at 414-240-4801 for a free consultation. We represent clients in Milwaukee County and Waukesha County, including in Milwaukee, South Milwaukee, Oak Creek, Wauwatosa, West Allis, Greenfield, and the surrounding areas.