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Our Disability Lawyers in Ohio Addresses Filing Case Appeals

Posted on July 20, 2015

gavel books and forms Disability Lawyers in OhioWhen you talk to our disability lawyers in Ohio, make sure to advise them if you have already been denied benefits. Your attorney will want to understand the circumstances surrounding a prior denial in order to develop a solid strategy to present in your case. If he is successful in reopening your previous application, you could receive back benefits, which will increase the value of your case.

Reopening Your Previous Application

Your prior application can be opened for any reason within the previous year after an initial denial. Additionally, your case could be opened for four years with good cause in SSD cases and for two years in SSI cases. Good cause includes the discovery of new evidence that could affect the outcome of your case or a possible error in your case. Your case could also be reopened at any time in order to correct an error that appears on the face of the evidence. If you have good cause, our disability lawyers in Ohio can file an appeal to reopen your application.

Overcoming a Previous Denial

The administrative law judge will want to know why your case should be treated differently this time. While every judge does not follow this procedure, he or she will generally review the prior evidence in the case, including the previous denial. This means that if you or your disability lawyers in Ohio do not have new evidence or do not develop a different and strategic plan of attack, your case could be denied.

Likelihood of Winning a New Hearing

Three main factors affect the ease or difficulty of winning a new hearing.

  1. Your age – If you have moved up to a new category, you could be more likely to win a hearing. The converse is also true.
  2. New evidence in your case – If there is new evidence in the case, your chances of winning might improve; the converse holds true as well.
  3. Deteriorating medical condition – If your medical condition is worse, the ALJ is more likely to approve your case. If your impairment is the same, the ALJ will probably not overturn the prior ruling.

Call Our Disability Lawyers in Ohio at (216) 896-0935

Contact our disability lawyers in Ohio at the John Paul Oreh Law Office at (216) 896-0935 to help you decide if you should appeal a denial based on the circumstances of your case.


Social Security Disability Library