Social Security Disability Appeals in Wisconsin

What Are the Levels of a Disability Appeal?

Roughly 60% of disability claims are denied in Wisconsin, according to recent data from Social Security. For many people, the real effort to win benefits begins with the appeals process.

There are four levels to a disability appeal. You may not have to go through all of them, but they always go in the same order.

Stage #1: Requesting reconsideration

The first stage of appeals is asking Social Security for a reconsideration of your claim. Another examiner will look at your claim and could decide that you qualify for disability benefits, although odds of success are still low at this step.

Stage #2: Scheduling a disability hearing

This hearing in front of an administrative law judge is often your best chance of winning benefits. Going in front of a judge can be intimidating, but you get to make your case personally to a key decision-maker, for possibly the only time in your disability claim, and a lawyer can prepare you so you know what to expect.

Stage #3: Appealing to the Social Security Appeals Council

If you get denied at your hearing, you can take your appeal to the Social Security Appeals Council. This is about identifying legally appealable errors in the judge’s ruling. It’s not the time to introduce new evidence.

The SSA Appeals Council can uphold the ruling, send you back for another hearing or award benefits.

Stage #4: Filing a lawsuit in federal court

This last level of the appeals process takes you out of the Social Security system entirely. Unlike your hearing, you won’t appear in front of a judge. This appeal is all done through legal briefs.

You could be denied again at this stage or awarded benefits outright, although this is uncommon. A more likely outcome is getting sent back for another disability hearing.

Geary Disability Law can guide you through the first three levels of your appeal. If you need to file a lawsuit in federal court, we’ll connect you with a lawyer who handles those types of cases.

We know what kind of difference these benefits can make in your life. Work with a Fox Valley disability lawyer who helps you fight for the disability benefits you deserve.

Frequently Asked Questions About Disability Denials in Wisconsin

If you’re appealing a disability denial, you surely have questions. We can help with answers.

Schedule your free consultation about your specific case. And read these answers to some of the most common Social Security Disability appeals questions that people ask.

Why do so many disability claims get denied?

Only around 35-40% of initial disability claims get approved. The Social Security Administration (SSA) has high standards for deciding who receives disability benefits. The government is always looking to stop anyone unqualified from getting through the process.

People get denied because they don’t have enough medical evidence, or they have mistakes in their applications. They get denied when Social Security acknowledges they have a health problem, but not one serious enough to stop them from working.

They get denied for continuing to work too much, failing to follow treatment plans, failing to address substance abuse issues and many other reasons.

It’s difficult to get approved for Social Security Disability, so don’t get discouraged if you get denied and have to appeal.

Appealing is a normal part of the process.

How long does a disability appeal take?

Each stage of the appeals process has its own waiting period.

You’ll wait months for your reconsideration. If you get denied again, you’ll wait months to get a disability hearing scheduled.

People who appeal often wait over a year to win benefits. Work with a knowledgeable Appleton Social Security disability lawyer from the start, so you can avoid any extra delays.

We can’t guarantee that this process will be quick, but we will work to give you the best chance of winning benefits at each stage of your appeal.

How much does an Appleton disability lawyer charge for help with a disability appeal?

There is no upfront fee when you work with an Appleton disability lawyer. You only pay an attorney fee when you win benefits.

When you get approved for benefits after all of the months (or years) of waiting, you’ll be awarded a lump sum of back pay to make up for some of the time you waited.

Our fee comes out of that back pay, and Social Security sets limits on what portion of back pay can go to attorney fees.

Should I appeal or start over with a new application for disability benefits?

Most people are better off appealing instead of starting over by submitting a new application for benefits. Winning benefits already takes a long time, and you probably don’t want to start over.

The exception is if your health has drastically changed since you first submitted your application for disability benefits. Higher levels of appeal don’t allow you to introduce new evidence, so you may be better off starting over if you’re at an advanced appeal and your circumstances have changed significantly.

What are the four levels of disability appeals?

There are four stages of appeal, and they always go in this order:

• 1. Asking Social Security for reconsideration
• 2. Requesting a disability hearing
• 3. Appealing to the Social Security Appeals Council
• 4. Filing a lawsuit in federal court

This process gets more complicated and requires more legal knowledge as it goes on. We recommend working with a Northeast Wisconsin disability attorney who knows the process well, so you can know your case is in capable hands.