If you are applying for Social Security disability (SSD) and SSI benefits, you will want an attorney who will try to get you benefits as quickly as possible — but who is also prepared to represent you throughout the process for as long as it takes to make sure you obtain the benefits you deserve.
At The Law Offices of Kenneth Hiller, PLLC, we are fully prepared to appeal our clients’ cases in federal court if necessary. In fact, we file more SSD appeals in federal district court than any other law firm in Western New York. To set up a free consultation, contact us today.
If the Social Security Administration (SSA) makes a final decision to deny your SSD or SSI claim — meaning your initial application has been denied and you are unsuccessful at your hearing and before the Appeals Council — you have a right to file a federal court appeal within 60 days.
If your attorney can show that the SSA’s decision is not supported by substantial evidence, the federal court will order SSA to hold a new hearing in your case, or reverse the decision and order the agency to start paying you disability benefits.
The federal courts do give a certain amount of deference to the SSA, so it is important to go to court with a lawyer who is completely familiar with the evidence for and against your claim, as well as everything that happened during your application and appeal process.
Many SSD law firms will not appeal cases to the district courts except under very unusual circumstances, and even if they do, their attorneys are not necessarily experienced with the very different procedures and legal standards that apply in federal court.
If your initial claim is handled by a lawyer who is not prepared to go to district court, it could be difficult to get someone to represent you at the appeals stage. It is wise to start off with a law firm that is ready to go all the way. Ask any attorney you are considering hiring whether they are willing to take your case to federal court if necessary, and how many times they have done so.
Contact us to discuss how we can help you pursue your Social Security disability claim. We represent clients in Buffalo, Rochester, and Syracuse, and throughout western, central and upstate New York.