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Ocala, FL 34471

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CJ Henry Law Firm, PLLC

Can My Claim Be Denied after It Is Approved?

  • Published: September 13, 2012

After all the emotional distress of continued denials which led to a hearing before an administrative law judge, it may seem very unfair that your claim may still be denied, even after it has been approved by the ALJ. While such a case is relatively rare, you would do well to have an Ocala Social Security disability attorney in your corner to assist.

The Appeals Council

If your claim is denied by the ALJ, you may still have a chance by filing an appeal to the Appeals Council. Conversely, the judge may have granted your claim, only to have it overturned by this very council. Generally this only will occur if some issue with the handling of the hearing is raised, or the judge’s discretion in deeming you disabled seems to have been over-stepped.

If this occurs, it almost certainly will be within 60 days of your approval before the ALJ. You will need to discuss with your Ocala Social Security disability attorney how best to proceed. There is a potential for yet another appeal, but generally this will entail further attorney costs beyond the usual 25% of back benefits.

Attorney Fees and Expenses

Be aware of the additional attorney costs if you do decide to continue appealing. However, you likely will not need to worry about such a contingency. You will need, however, to keep in mind the costs of your attorney in gaining approval. Assuming your claim is approved, be careful not to spend all of your back benefits before paying your attorney his due. You might also find that he will request compensation for costs such as copies of medical records; these are expenses and are separate from his fee.

In the event you become disabled and cannot work for at least 12 months, you may be eligible for SSD. Call Ocala Social Security disability attorney CJ Henry for a consultation today at (352) 304-5300.

Claudeth Henry

Attorney Henry is a Florida disability lawyer uniquely suited to
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