In most cases when a Social Security Disability applicant is denied disability benefits, he or she faces two stages of a disability appeal. These stages include a Request for Reconsideration (which is usually denied by the SSA) and a disability hearing in front of an administrative law judge. More often than not, disability applicants who pursue a disability hearing are awarded benefits as a result of this hearing – but not always. When an applicant is denied benefits at the hearing stage of the appeal process, they can choose to take their disability case all the way up to the United States Court of Appeals.
In many cases, when a disability applicant is denied benefits at the hearing stage of the appeal process and at each subsequent stage of appeals, the United States Court of Appeals will uphold the decision that has been made by the previous appeals authorities up to that point. However, this is not always the case and with a good disability attorney a Social Security Disability applicant may obtain disability benefits as a result of a hearing at the United States Court of Appeals level.
When Social Security Disability benefits are awarded to an applicant as a result of a decision that has been made by the United States Court of Appeals, the court will normally issue an acquiescence ruling that must be applied to future Social Security Disability cases in the circuit where that ruling took place. It is important to note, however, that these acquiescence rulings do not have as much authority as an actual law. These rulings do, however, play a role in the outcome of cases in their associated circuit and these rulings are published in the Federal Register.
Acquiescence rulings are a perfect example of how the laws and rules that pertain to Social Security Disability claims can and do change on a regular basis. This is why it is so important for a Social Security Disability claimant to obtain the legal representation of a Social Security Disability attorney when they are appealing a denial of their Social Security Disability benefits. These disability attorneys understand the laws that pertain to the claimant’s case and can plead the case properly before an administrative law judge at a disability hearing.
If your application for Social Security Disability benefits has been denied by the Social Security Administration, it is crucial that you obtain the services of a qualified Social Security Disability lawyer. The professional that you work with will be able to determine how and if any of the acquiescence rulings in your circuit may apply to your specific claim for disability benefits. Because of their extensive knowledge of Social Security law and the rulings that affect disability claims, these professionals are able to increase your chances of overturning the SSA’s decision to deny your Social Security Disability claim.
