Do not let a denial stop you from getting the support you need. The clock is ticking on your appeal window. Call Philip J. Fulton Law Office today at 614-224-3838 or contact us online to discuss your case.
If you have filed for Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits and been denied, do not give up. You are not alone. The Social Security Administration (SSA) denies the majority of initial applications—often due to simple technical errors or a lack of organized medical evidence.
A denial is not the end of the road; it is simply the beginning of the appeals process. At Philip J. Fulton Law Office in Columbus, our attorneys have been helping clients overcome denials and win benefits since 1980.
Before you can fix the problem, you need to understand why it happened. Common reasons for denial include:
If you receive a denial letter, you have a limited time—usually 60 days—to take action. The appeals process consists of four levels:
This is the first step. You ask the SSA to look at your application again. A new claims examiner will review your file. While necessary, this stage has a low success rate because the same evidence is often used.
This is your best chance of winning. If your reconsideration is denied, we will request a hearing before an Administrative Law Judge.
If the ALJ denies your claim, we can ask the Social Security Appeals Council to review the judge’s decision to see if they made a legal error.
If the Appeals Council refuses to review your case, the final step is filing a lawsuit in U.S. District Court.
For most clients, the ALJ Hearing is the turning point. It is crucial to be prepared.
During a Social Security Disability hearing, the Administrative Law Judge can summon a vocational expert to provide impartial testimony. This expert gives professional insight into the decision-making process. In many cases, the vocational expert’s opinion can directly influence whether a claim is approved or denied. Therefore, it is crucial to understand a VE’s role because the testimony given at this stage can shape the outcome of your entire case.
The primary function of the vocational expert is to respond to hypothetical questions posed by the judge. These questions are not random. They are based on a detailed profile that reflects your specific circumstances. That profile includes:
After reviewing this profile, the vocational expert must determine whether there are jobs in the national economy that a person with those exact limitations could realistically perform. If the expert identifies available jobs, the judge may rely on that testimony to deny benefits. If the expert testifies that no such jobs exist, it can strongly support approval of your claim.
This stage of the hearing is where legal representation becomes vital. We focus closely on how the hypothetical questions are framed and how the expert responds. As experienced SSD attorneys, we understand how to cross-examine the vocational expert effectively. This includes:
We work to help ensure the judge’s hypothetical questions fully reflect every limitation supported by your medical records. If even one significant restriction is left out, the answer provided by the vocational expert may not accurately represent your real-world ability to work.
During this period, the stakes are high. When a judge presents an incomplete hypothetical, the vocational expert may list jobs you cannot actually perform. That testimony can directly lead to an unfair denial of benefits. Careful preparation helps ensure that your limitations are properly presented before a final decision is made.
Attorney Philip J. Fulton is the author of the well-known treatise Ohio Workers’ Compensation Law, published by LexisNexis. His depth of knowledge allows us to approach vocational testimony with preparation, precision and a clear strategy designed to protect your right to benefits.
At your hearing, the judge will likely call a Vocational Expert (VE) to testify. The VE is a neutral party who answers hypothetical questions about the job market.
While you wait for your hearing, there are proactive steps you can take to improve your chances:
Many people try to handle the initial application alone, but once you receive a denial, you should hire an attorney immediately.
Why You Need Legal Counsel for the Appeal:
We handle all SSD and SSI appeals on a contingency fee basis. There are no upfront costs. Our fee is a percentage of the “back pay” (past-due benefits) we recover for you. If we don’t win your case, you don’t pay us a fee.
Do not let a denial stop you from getting the support you need. The clock is ticking on your appeal window. Call Philip J. Fulton Law Office today at 614-224-3838 or contact us online to discuss your case.
