If an Administrative Law Judge (ALJ) denied your disability claim and you would like to appeal your case to a federal court, your Ocala disability attorney will review the evidence similarly to the way that he or she analyzed it for the ALJ hearing. This means solidifying the theory of disability based on the Social Security Administration’s five-step s sequential evaluation process.
When the ALJ denied your Social Security disability claim, he or she cited evidence to support the denial. Your disability lawyer will examine this evidence to determine the following:
Social Security disability lawyers rarely file a federal appeal based primarily on whether substantial evidence existed to support the ALJ’s decision. More commonly, the lawyers look for legal error on the part of the ALJ such as:
Cases involving arguments for legal errors are typically stronger than those based on the substantial evidence argument.
A favorable result in a federal court will likely result in your case being sent back for a new ALJ hearing. At this hearing, your disability lawyer must again provide evidence that shows you are disabled and thus qualified for Social Security disability benefits.
If you would like assistance with a federal court appeal of your Social Security disability claim, contact the CJ Henry Law Firm at 352.304.5300 or visit our website at www.cjhenrylaw.com for more information.