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CJ Henry Law Firm, PLLC

How an Ocala Social Security Disability Lawyer Analyzes Cases for Federal Court Appeals

  • Published: June 7, 2012

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.

Reviewing the Evidence Supporting the ALJ Decision That Denied Disability Benefits

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:

  • Do the evidence and the ALJ’s findings correspond?
  • Based on the evidence presented, does the ALJ’s decision make sense?
  • How much evidence is contrary to the ALJ’s position?
  • Does the ALJ adequately explain why evidence supporting your disability was rejected?

Analyzing the ALJ Decision to Look for Legal Errors

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:

  • The ALJ’s decision did not follow Social Security rules or regulations
  • There were transgressions of appellate case law
  • The ALJ failed to follow the law

Cases involving arguments for legal errors are typically stronger than those based on the substantial evidence argument.

Get an Ocala Disability Lawyer to Appeal Your Social Security Disability Case to Federal Court

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.

Claudeth Henry

Attorney Henry is a Florida disability lawyer uniquely suited to
help you with your disability-related legal needs...Read More