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Affleck & Gordon Affleck & Gordon
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Affleck & Gordon Affleck & Gordon

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.

Answers you can count on

  • Social Security Disability Insurance (SSDI) is a federal program funded by social security taxes that pays monthly benefits to you if you have a severe physical and/or mental disability that prevents you from working, and if you become disabled before you reach retirement age.

  • Disability is defined by documentation of a physical and/or mental condition which prevents you from performing  “substantial gainful activity” (SGA). SGA basically means work performed in exchange for payment. A disability is defined as a mental and/or physical condition expected to last at least 12 months or to result in death. Whether one is eligible for disability is a matter subject to some interpretation. Although your doctor may have advised you not to work, or you may feel too ill to work, the Agency will not necessarily agree that you are disabled. Social Security initially evaluates disability based on a catalog of physical and mental conditions called a “Listing of Impairments.” These are available on the Social Security Administration website, www.ssa.gov (search for “Listing of Impairments”). Even if you can’t show that your condition is exactly as described in the listing, it is still possible to prove that you are disabled. Furthermore, even if you are denied benefits because Social Security says you are not disabled, you have a good chance of winning on appeal. An attorney can be very helpful at a hearing.

  • Briefly, SSI is a government program that pays monthly benefits to disabled adults and children or elderly people whose incomes and assets are limited or non-existent.

  • The Veterans Administration provides monthly, tax-free compensation to former U.S. military service members injured or suffering from a chronic disability related to their time in service, or whose pre-existing condition their duties exacerbated. Veterans may qualify for benefits stemming from physical or mental conditions developed during or after their service. Physical injuries during service are common, as are mental conditions brought on by the rigors of active duty, including post-traumatic stress disorder. Chronic conditions and pre-existing conditions made worse by your military service are also covered by VA disability in some situations where the connection to your time in service is established. 

What you deserve. What we deliver.

  • You Deserve Financial Security
    Your case is important to you, and it’s important to us. It represents how you will or will not be able to take care of your basic needs, as well as those of your family, for the foreseeable future. We are committed to fighting for what you deserve.
  • You Deserve a Thorough Team
    The Affleck & Gordon team is not only committed to your case, but we are committed to you. We understand that this is your life and your future, and will diligently do everything on our end to obtain a favorable decision on your behalf.
  • You Deserve Experienced Counsel
    With over 45 years of experience and tens of thousands of individuals helped, our team has the skill, resources, and determination to aggressively and strategically evaluate, understand and fight your claim.
  • You Deserve Dedicated Representation
    At Affleck & Gordon, we are committed to providing the highest possible legal counsel. We return calls promptly, keep you up to date on your case, and will always be there for you. We do not rest until you get what you deserve.

Our Story. Our Mission. Our Clients.

Trusted by clients. proven by results.

4.8 257 Reviews
    I Was Very Pleased with How My Case Turned Out!
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    - Dapheny H.
    I Was Very Pleased with How My Case Turned Out!
    "I was very pleased with how my case turned out. Everyone at Affleck And Gordon was very nice, and knowledgeable and helped me to win my case. I would refer anyone to use Harry Brenner at Affleck And Gordon for their disability case. He was outstanding!"
    - Dapheny H.
    All True Professionals!
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    All True Professionals!
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    I Recommend This Firm To All Of My Military Friends!
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    Harry Kept Me Positive and Held Me Together.
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    They walked me through every step and convinced me I could do this for my Marine. Even when we lost our initial filing they would not let me give up. They immediately filed an appeal and within 2 months we had a date for the Appeals judge to hear our case since my husband was 76 years old.

    They made sure we had the tools we needed to win the appeal by connecting us with a company that was able to write a NEXUS letter that helped to explain and prove our claim.

    On September 19, 2023, we received the decision from VA and they granted every item that had been denied at the original decision. This meant my husband would now be able to get the Memory Care facility placement he would soon need and I would not have to worry again about what would happen to my Hero if I'm not here. From start to finish our claim took about 2 1/2 years which is nothing when dealing with the VA.

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