Understanding the Disability Hearing Process in Georgia

If you live in Georgia and you struggle with a disability that has caused you to be unable to work, you may be experiencing considerable financial stress. After all, the bills don’t stop arriving even when you can’t work and earn an income to pay them – and that can feel overwhelming. If this is the case, you may have applied for disability benefits from the Social Security Administration – and it’s possible that your request for those benefits was denied.

If this is your situation, you shouldn’t panic. Many applicants are denied following their first application – and the good news is that there are ways to appeal that decision. One of those includes having a disability hearing before an Administrative Law Judge. Let’s take a closer look together at how that process typically works in Georgia.

Why Are Claims Denied?

As we have noted, if your initial claim for disability benefits was denied, you are not alone. In fact, in Georgia alone, nearly two-thirds of disability claims are denied on the first attempt. While every claim is different and unique, some of the reasons that claims are initially denied include:

• Insufficient medical evidence: In reviewing any claim for benefits, the Social Security Administration will carefully review the medical evidence presented in support of the claim. Sometimes, it will find that the records supplied are insufficient, and additional medical proof may be needed.
• Failure to meet a specific impairment listing: In determining whether a particular applicant is disabled, the Social Security Administration often consults its guide, which lists conditions and their accompanying symptoms. This guide is more commonly known as the Blue Book. Sometimes, if a particular condition is not included in the Blue Book, a claim may be denied, and additional medical proof may be needed.
• Earning too much money: To receive benefits from the Social Security Administration, the applicant must not be engaging in what the Administration calls “substantial gainful activity.” Essentially, this means the applicant must not earn above a specified income limit. If they are, a request for benefits may be denied.
• Retaining the ability to work: If an applicant can still perform some work even with their disability, this may serve as a basis for denying a claim.

While an initial denial can certainly be discouraging, the good news is that many denials are successfully appealed. Let’s examine that process, including what a disability hearing may be like in Georgia.

The Appeals Process

If a claim is denied, you shouldn’t panic. You have rights under the law, and your attorney can advise you as to how to best assert those rights. Under Social Security Act § 205(b)and20 CFR 404.900, every SSDI claimant has the right to:

• A written notice setting forth the reasons for denial
• The right to review evidence used in making the decision
• To appeal using a four-step process
• To be represented by an attorney, if desired, at any stage of the process.

If you find yourself in this situation and are interested in pursuing an appeal, you should know that the first step is to file a request for reconsideration. Your attorney should be able to guide you through that process, but generally, it consists of reviewing the reasons for the denial and then seeking reconsideration of that decision, along with supporting arguments and additional evidence if needed.

If your request for reconsideration is denied, however, you can choose to pursue the next phase of the appeals process, which is a hearing before an Administrative Law Judge. If you are pursuing a hearing before an Administrative Law Judge in Georgia, there are a few helpful things to keep in mind, including:

• You must file your request for a hearing within sixty days of receiving a denial of your request for reconsideration.
• The hearing will typically take place at the SSA’s Office of Hearing Operations (OHO). There are three primary OHO locations in Georgia, including one in Atlanta, one in Savannah, and one in Macon. Typically, those requesting a hearing can opt for a telephonic or video hearing instead.
• During the hearing, the ALJ will review evidence and testimony and will ultimately issue a decision.
• After the decision has been rendered, you will have 60 days to choose to appeal further, if desired.

Although all of this information may seem overwhelming, the good news is that you don’t have to process it alone. At Keener Law, we’re here to help.

Keener Law – Here For You

At Keener Law, we know that being disabled can be difficult in so many ways. When you’re trying to adjust to living with a challenging condition, the last thing you need is to worry and wonder about whether you’re doing all you can to assert your rights as you pursue the benefits you need and deserve. The good news is that you don’t have to. Our talented and experienced team of attorneys understands every aspect of the law pertaining to the disability claims process, and we’ll guide you through it each step of the way. If you’re ready to take the first step today, give us a call. We look forward to helping you soon.

Sources

• Georgia OHO Hearing Office Locations: https://www.ssa.gov/appeals/ho_locator.html
• SSA Hearing Process – General Information: https://www.ssa.gov/appeals/hearing-process.html
• Social Security Appeals Information: https://www.ssa.gov/apply/appeal-decision-we-made