Georgia Social Security Appeal Attorney

Has Your SSDI Claim Been Denied? We Can Help!

If you have been denied Social Security Disability Insurance (SSDI) benefits, you are not alone. The Social Security Administration (SSA) denies a significant number of initial applications. Fortunately, you have the right to appeal. At Affleck & Gordon, our experienced Georgia Social Security appeal lawyers are here to help you navigate the complex appeals process and fight for the benefits you deserve.

Call (404) 990-3945 or contact us online today to request a free consultation.

Common Reasons Why Your SSDI Was Denied

Understanding why your SSDI claim was denied is the first step in preparing a strong appeal. Some of the most common reasons for SSDI denials include:

Insufficient Medical Evidence – The SSA requires detailed medical records proving that your disability prevents you from working. If your documentation is lacking, your claim may be denied.
Failure to Follow Treatment Plans – If you have not followed prescribed treatments or medical recommendations, the SSA may argue that your condition could improve with proper care.
Earning Too Much Income – SSDI is intended for individuals who cannot work due to their disability. If you are earning above the Substantial Gainful Activity (SGA) limit, your claim may be rejected.
Lack of Work Credits – SSDI eligibility is based on your work history and the number of work credits you have accumulated. If you have not worked enough, you may not qualify.
Previous Denials Without Appeals – Filing a new application instead of appealing a denied claim can raise red flags and lead to further denials.

Appealing Your SSDI Claim in Georgia

The SSDI appeals process in Georgia follows a structured series of steps. Our skilled attorneys at Affleck & Gordon can guide you through each stage to increase your chances of success.

Step 1: Request for Reconsideration

If your initial claim is denied, you have 60 days to file a Request for Reconsideration. This step involves a complete review of your application by a different SSA representative. Many claims are still denied at this stage, but it is a necessary step before moving to a hearing.

Step 2: Administrative Law Judge (ALJ) Hearing

If your reconsideration request is denied, you can request a hearing before an Administrative Law Judge (ALJ). This is a critical step where you can present additional evidence, call expert witnesses, and testify about your condition. Having a Georgia Social Security appeal lawyer represent you can significantly improve your chances of winning your case at this stage.

Step 3: Appeals Council Review

If the ALJ denies your claim, you can request a review by the Social Security Appeals Council. The Council will evaluate whether the judge made errors in your case. If they find an error, they may overturn the decision or send your case back for another hearing.

Step 4: Federal Court Appeal

If the Appeals Council denies your claim, your final option is to file a lawsuit in federal court. This is a complex process, and it is strongly advised to have a seasoned SSDI appeals lawyer handle your case at this stage.

FAQs About Social Security Appeals

How Long Does the SSDI Appeal Process Take?

The duration of an SSDI appeal varies depending on the stage. Reconsideration may take several months, while an ALJ hearing could take a year or more due to backlogs.

Can I Work While Appealing My SSDI Denial?

You can work while appealing, but your earnings must remain below the SSA’s Substantial Gainful Activity (SGA) limit to avoid jeopardizing your claim.

What Happens If I Miss the Appeal Deadline?

You typically have 60 days from the date of your denial notice to file an appeal. If you miss the deadline, you may have to restart the application process unless you have a valid reason for missing it.

Do I Need a Lawyer for My SSDI Appeal?

While you are not required to have a lawyer, hiring an experienced SSDI appeals attorney significantly increases your chances of success. Legal representation is especially beneficial at the ALJ hearing and beyond.

What Evidence Can Strengthen My Appeal?

Additional medical records, statements from treating physicians, vocational expert testimony, and personal testimony about how your disability affects your daily life can all strengthen your appeal.

Contact Us Today to Start Your Appeal

Don't navigate the complex Social Security appeals process alone. Let the knowledgeable team at Affleck & Gordon assist you every step of the way. With our tailored strategies and dedication, we're committed to helping you secure the benefits you deserve in Georgia.

Contact us at (404) 990-3945 to schedule your free consultation and take the first step toward a successful appeal.

- Honorable people!
  “Took care of me from day one. Knowledgeable in all areas they specialize in. Most importantly they treated me with the utmost respect. Affleck & Gordon moved me from a very difficult situation I couldn't get through on my own.”
  Douglas W.
- Affleck & Gordon won my case!
  “I filed for SSDI and had to appeal, so I hired Affleck & Gordon. The attorneys talked to me with the utmost respect and treated me like I was actually someone, not just a number.”
  R. Duff
- I could not be more grateful to the team at Affleck & Gordon.
  “I would like to thank Affleck & Gordon for representing me in my SSDI case. They are professional and caring and were always available when I had questions and concerns. Even during a pandemic, they got the job done for me.”
  T. Curtis

Have Questions?

We Are Committed to Providing You Answers & Solutions

How long do I have to appeal a denied SSDI claim?

In nearly all cases, you have just 60 days to request a reconsideration, administrative hearing, Appeals Council review, or federal court review. The 60-day deadline typically begins on the date on which you received the official notice that your SSDI claim was denied.
What type of medical conditions are considered "disabilities?"

The Social Security Administration has a very strict definition of “disability.” Your medical condition must meet the SSA’s definition of disability for you to qualify for SSDI benefits.
The SSA has a list of medical conditions, known as the “list of impairments,” that it generally considers being disabilities. Some of these conditions include various types of musculoskeletal disorders, cardiovascular disease, cancer, digestive disorders, skin conditions, mental illnesses, immune system disorders, and more. If your medical condition is not listed, you may still qualify for SSDI benefits if the SSA decides that it is a “qualifying disability.” To have a non-listed qualifying disability, your medical condition must be at least as severe as one of the medical conditions listed in the SSA’s list of impairments.
How are SSDI payments calculated?

The Social Security Administration uses a complicated formula to calculate SSDI benefits. First, it takes an individual’s average income from the 35 years in which they earned their highest income. This number is the “average indexed monthly earnings,” or AIME. The SSA then plugs the AIME into a formula to determine different percentages, or “bend points,” which are used to determine the individual’s “primary insurance amount,” or PIA. The bend points change each year. In 2022, they are 90% of the first $1,024 of an individual’s AIME; plus 32% of the amount in AIME between $1,024 and $6,172; and 15% of the amount in AIME over $6,172.
What is the maximum SSDI benefit I can receive?

Your lifetime earnings determine the exact amount you can receive in SSDI benefits. However, the Social Security Administration also sets a maximum monthly benefit amount, which applies to all SSDI recipients. In 2022, the maximum SSDI benefit is $3,345 per month.
What is the average amount you can receive in SSDI benefits?

Various unique factors—including lifetime earnings—play a role in someone’s actual SSDI benefit amount. That being said, the average disability benefit for 2022 is $1,358 per month.
Can I receive social security disability insurance benefits if I'm working?

You may not receive SSDI benefits if you are engaged in “substantial gainful activity” (SGA). The Social Security Administration defines SGA by certain income thresholds, which change annually. For 2022, SGA is set at $1,350 for a non-blind individual and $2,260 for a blind individual. In other words, if you work and earn more than $1,350 per month, and you are not blind, you are not eligible for SSDI benefits.