Second Appeal

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If you have applied for SSDI benefits due to a liver disease or disorder that has rendered you unable to earn a living, and you have filed an appeal which has also been denied, don’t give up hope.  You can appeal your case to an Administrative Law Judge (ALJ) who works for the SSA.  As with your first appeal, there is a 60-day time limit if you are considering having an ALJ listen to your case.  Regardless, you should have already hired the services of a Social Security Disability attorney to assist you with your case.

Now for the harsh reality of this stage of the appeals process – it could be months or even years before a date is set for your hearing because of the case backlog, so be prepared for this.  Should you be unable to attend the initial hearing, chances are a considerable amount of time may pass before another hearing date is ever set.  It really is imperative that you are in attendance for that initial hearing so make any and all arrangements necessary so that you can attend it.

When you have been denied SSDI because of the physical impairments of your liver disease, this hearing will be your first opportunity to present your case to that ALJ.  In many instances, that ALJ will physically be there to hear your case.  Conversely, many ALJ’s will hear a case via remote satellite or a video teleconference.  Despite the lack of their physical presence, they will still be able to see you, hear you, and communicate with you as if the two of you (and your attorney) were face to face.

Fortunately for you, and despite the fact that some ALJ’s have a tendency to be autonomous and independent, they still have considerably more flexibility in these appeal hearings than an individual operating at lower levels of the application and appeals process.  This greater flexibility stems from the fact that they are not restricted by the protocol issues of the system, which is very advantageous for you.

In addition to the above, that ALJ can see you and speak to you about your medical condition during this first hearing, providing you with the opportunity to plead your case.  However, it is to your advantage to have your Social Security Disability attorney present with you during that hearing so you should really consider hiring the services of one if you have not already done so.

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