Alan E. DeWoskin, P.C.
Call to schedule an appointment today.
314-925-0242 or 800-652-5775

What are the evidentiary rules for SSD benefits when appealing?

It can be upsetting and worrisome when a Missouri resident is suffering from an illness, condition or injury and they seek Social Security disability benefits only to be denied. There are many reasons why an SSD claim might be denied and not all are linked to the medical issue. There might have been a clerical error, the evidence might not have been deemed sufficient, or there could have been a mistake. Fortunately, there are four levels of appeal based on the federal regulations. The Social Security Administration is not biased against anyone and wants to make certain that those who warrant disability benefits get them. However, that does not mean those who are appealing should shun legal protection when appealing.

An important consideration when appealing at the initial level is presenting evidence to the Administrative Law Judge (ALJ). When there is a hearing before an ALJ, the person has the right to appear and provide evidence to bolster their case. This can be done in person, via video or on the telephone. A designated representative can make the appearance. The person can waive his or her right to appear. This will be done by sending the ALJ the statement or waiver saying they do not want to appear. This can be withdrawn at the person's behest.

The ALJ can receive evidence at the hearing if it is believed that it is material to the case. This is true even though it would not be admissible in court. To have a full case presentation, the ALJ can issue a subpoena to compel witnesses to testify and to bring various pieces of information that is part of the case. Those who want to issue a subpoena for people or documents must file a request in writing. It must have the witnesses' names or the documents that are requested. The location of the person or items must be provided. The key facts that the witness will prove must be stated. The person must indicate why a subpoena is necessary to garner these facts.

Appealing a denied claim often requires the applicant to provide various forms of evidence to show why the initial decision was wrong. Knowing the evidentiary rules for the ALJ is a major part of that. Calling a law firm that is experienced in helping people with their Social Security disability benefits and appealing a denied claim by providing evidence to the ALJ is important to any case.

No Comments

Leave a comment
Comment Information

Alan E. DeWoskin, P.C.
225 South Meramec Avenue, Suite 426
St. Louis, MO 63105

Toll Free: 800-652-5775
Phone: 314-925-0242
Fax: 314-727-5297
Map & Directions

google map