How to Successfully Appeal Your Unfavorable Hearing Decision

This is part one of a three part interview I conducted with attorney Bryan Konoski.  Bryan is a Social Security disability attorney whose practice focuses on Appeals Council and Federal District Court work.

The appellate work that Bryan does is very different than disability application and administrative law judge hearing work.  With very rare exception Bryan is not presenting new evidence of disability to a judge.  Instead, he is identifying errors of analysis made by hearing judges who have denied a claim.

Because hearing  judges are so busy, and because the SSA uses such a bizarre procedure to produce hearing decisions (the actual decision is prepared by a staff writer who was not present at the hearing) many hearing decisions contains significant errors of analysis.

In our conversation Bryan strongly encourages anyone who has been denied by an administrative law judge to have that unfavorable decision reviewed by an attorney who regularly handles post ALJ hearing work. 

Many disability attorneys or non-attorney reps do not routinely handle Appeals Council and Federal Court work and Bryan has positioned himself as an excellent resource for the Social Security disability claimant's bar.  Like hearing attorneys, however, Bryan's firm handles cases under a "no fee unless you win" contingency fee contract there is no downside to having an appellate attorney review your case file. 

In this part of our discussion Bryan and I identify some of the most common errors made by hearing judges that can result in a remand (a new hearing). And statistically a high percentage of remanded cases are approved in a second hearing.

If you or your attorney wants to get in touch with Bryan, visit his website at TheFederalAppealsFirm.com.

If you find my podcast useful please take a minute to subscribe rate and review it on  Apple Podcasts or wherever you access your podcasts.

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Jonathan Ginsberg
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