Social Security Disability Appeal Lawyer in Massachusetts

Appealing a Denied Social Security Disability Claim

A denial of an SSDI or SSI application is not a final decision. The Social Security Administration’s appeals process provides multiple opportunities to present additional evidence, challenge the reasoning of the denial, and ultimately have a case heard before an Administrative Law Judge (ALJ) in a formal hearing. The majority of claimants who ultimately receive disability benefits do so at the appeals level, not at the initial application stage. Attorney Jeffrey C. Lavey represents Massachusetts disability claimants through every level of the appeals process.

Why ALJ Hearings Are the Critical Stage

The Administrative Law Judge hearing is where most successful Social Security disability appeals are resolved. Unlike the paper-based initial application and reconsideration stages, the ALJ hearing is an in-person proceeding where the claimant can present testimony about their condition and limitations, their attorney can cross-examine the vocational expert and medical expert the SSA presents, and the ALJ can ask questions directly. Having experienced legal representation at the ALJ hearing significantly improves outcomes compared to appearing without counsel.

What Happens at an ALJ Hearing

The ALJ hearing is typically held at a Social Security hearing office and lasts approximately 45 to 90 minutes. The claimant testifies about their medical conditions, their daily functional limitations, and any work history. A vocational expert retained by SSA typically testifies about whether work exists in the national economy that someone with the claimant’s limitations could perform. A medical expert may also testify. Attorney Lavey prepares every client thoroughly for their testimony, challenges the vocational expert’s conclusions, and presents the strongest available medical and functional evidence.

Building the Evidence for Appeal

A successful disability appeal requires comprehensive, current medical evidence from all treating sources documenting the nature of the impairment, the treatment history, the response to treatment, and critically, the specific functional limitations the impairment causes. Treating physician statements, particularly RFC forms completed by treating physicians, are among the most important evidence. Attorney Lavey works with every claimant’s treating physicians to ensure that their functional assessments are complete, specific, and accurately presented to the ALJ.

Deadlines in the Appeals Process

Each level of the Social Security appeals process has strict filing deadlines. Missing these deadlines can require starting the application process over and losing months or years of potential back benefits. Attorney Lavey manages all deadlines in every client’s appeals case and ensures that every filing is submitted correctly and on time. He advises every claimant to contact him as soon as they receive a denial notice to ensure no deadline is missed.

Frequently Asked Questions