Disability Law Claims Blog

Should I appeal my Social Security Disability claim to Federal Court?

How to Evaluate the Claim

When evaluating a Social Security Disability claim to determine if it is ripe to appeal to the Federal Court you must assess whether the: 

• Decision was made by the Appeals Council.
• Administrative Law Judge (ALJ) made an error of law.
• ALJ's decision explained why the judge discounted your treating doctor's medical records?
• ALJ skipped some of your medical evidence in the decision?

If your claim was not denied by the Appeals Council you cannot appeal your claim to the Federal Court.

Things to look for are: did the ALJ properly discuss all medical professional evaluations and note which evaluation he was giving controlling weight in his decision? Did the ALJ state whither the claimant can do their past relevant work? If not, was there testimony from a vocational expert at the hearing? Was there testimony by a medical expert at the hearing?

If you think there may have been an error of law in your claim, seek the advice of an attorney. The Law Offices of LaVan & Neidenberg have the experience you need to file your claim with the Federal Court.

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Labels: appeals council attorney disability Federal lawyer SSA