Appealing a denied Social Security Disability Insurance (SSDI) claim without a lawyer might not go as well as you’d like. While it’s perfectly acceptable to pursue an appeal on your own, there are significant risks that can jeopardize your potential for success.
If you’ve been denied, understanding the risks of going it alone is essential before pursuing the matter further.
Here’s why you should fight your denial by hiring an SSDI attorney.
1. Winning an appeal is hard without a lawyer
Stats show that people who pursue their own appeals tend to have lower success rates. According to the Social Security Administration (SSA), only about 15% of appeals get approved. When an appeal is denied, the next step is to request a hearing with an administrative law judge. This stage has the highest rate of acceptance, but it can take years to have your case heard. And if you don’t get approved at this stage, you can request an appeals council hearing, but only around 1% of those cases are approved.
The further you proceed with your case without a lawyer, the more effort and time it will take to win. People who use a lawyer to file their initial claim reduce the total processing time by an average of 316 days. The sooner you bring in a lawyer, the better.
2. The stakes are high for mistakes
The appeals process has strict deadlines and highly specific procedures. For instance, you’ll typically have 60 days to file your appeal after being denied. If you miss this deadline or fail to follow procedures to the letter, your case might get dismissed.
Without a lawyer, there are many potential mistakes that can cost you your benefits. Even something as simple as forgetting to sign a form or omitting information accidentally can lead to delays or a dismissal. And if you misinterpret legal jargon or don’t understand complex terms, you won’t be given an exception.
3. You’ll struggle to cross-examine others
When you don’t have legal representation, you’ll have to cross-examine all the experts who testify about your ability to work. These people won’t know anything about you outside of your case information, and there’s a good chance you’ll get emotionally triggered by feeling invalidated.
An SSDI attorney will know how to question experts in order to identify inconsistencies or errors in their assessments. They’ll also present arguments and evidence to counter expert opinion. It’s easy for attorneys because they know how to cross-examine witnesses and they understand complex medical terminology.
4. A lawyer can help you avoid extreme stress
There’s nothing more stressful than having your Social Security benefits claim denied, and if you’re representing yourself through the appeals process, your emotions can work against you. A lawyer will eliminate the stress of having to pursue an uncertain and stressful process on your own. Your attorney will prepare you for your hearing, and knowing what to expect will boost your confidence and lower your stress.
5. Medical evidence isn’t easy to present
Winning an appeal requires more than just showing your medical records to the judge. You’ll need to present your medical evidence and explain what it means while meeting the SSA’s strict requirements. That typically requires calling in a medical expert to support your claim. Lawyers already know exactly who to call and how to use their testimony to present a strong case.
6. You might technically win, but not exactly
Without a lawyer, you’re at risk for receiving an unfavorable decision, even if you technically win your appeal. Other than an outright denial, an unfavorable decision might involve a partial approval where you’re granted benefits for a shorter period of time than what you’re entitled to receive. If you don’t have an attorney, you won’t know what to do or how to pursue a further appeal.
One of the biggest reasons to hire an SSDI attorney is their ability to maximize your benefits. A lawyer will fight hard to get you the full benefits you deserve, including back pay. If you proceed on your own, you might miss out on a significant amount of compensation. The court won’t just hand you everything – you have to make your case and fight for it.
Lawyers are experts at pursuing appeals
While it’s possible to appeal a denied Social Security disability claim without a lawyer, doing so can adversely impact the outcome of your case. Having an attorney gives you access to the expertise, support, and knowledge needed for a positive outcome.
Founder Dinis Guarda
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