Factors Our Toledo Social Security Attorney Looks for in an Appeal

When our Toledo Social Security attorney considers a case for appeal to federal court, there are several factors that the lawyer will assess. Here is a short list that he or she may consider.

Presence of Disability

Before a Toledo Social Security attorney files a case in federal court, he or she will begin an assessment of the case just as he or she would if the case was going in front of an administrative law judge. He or she will go through the sequential evaluation and consider multiple theories about why the claimant is disabled. If the appeal is successful, the case will likely be sent back for a new hearing in front of an administrative law judge in which the attorney will have to convince the judge that the claimant meets the definition of being disabled.

Legal Errors

The Toledo Social Security attorney will have to articulate why the administrative law judge’s decision is erroneous. As such, he or she will look at the evidence that the judge cited in his or her ruling. The lawyer will see if there is contradictory information in the judge’s opinion or if there is inadequate information that is cited as evidence in the opinion. Successfully making this argument requires the Social Security disability attorney to be familiar with Social Security rulings and regulations. By showing that the administrative law judge deviated from precedent, the lawyer is more likely to be successful than if he or she claims that the judge erred by not showing that there was substantial evidence to support his or her decision. Additionally, the lawyer must be able to show that the error that the administrative law judge caused him or her to make the erroneous decision. Simply because the judge did not apply a law correctly does not mean that the lawyer will succeed in the appeal. Instead, the lawyer must show that had the administrative law judge not made the mistake, he or she would have reached a different decision.

Compelling Facts

Although it is not essential that there be compelling facts or a claimant who is sympathetic, these factors can assist the Social Security attorney.
Legal Assistance from a Toledo Social Security Attorney

If you would like to know if any of these factors are present in your case, a Toledo Social Security attorney may be able to help. Contact Roose & Ressler at (800) 448-4211.

October 25, 2017 Thought Leadership Articles
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