When A Case Can Be Appealed

If you received a final administrative decision in which your claim for disability benefits was denied, a Social Security lawyer in Albuquerque may be able to appeal your case to federal court. Unlike other types of appeals, there are only two challenges that a Social Security lawyer Albuquerque can make.

Substantial Evidence

The first type of challenge is to allege that there was a lack of substantial evidence that supported the decision. The federal court is responsible for reviewing the evidence that was submitted at the disability hearing in order to assess whether there was enough evidence to support the administrative law judge’s denial of the claim. The court attempts to determine if the evidence is adequate to support the administrative law judge’s assessment that the claimant was not disabled, even if the federal court would have reached a different conclusion.

Legal Error

The other legal basis for an appeal is due to the administrative law judge making a legal error that resulted in the decision. Under this assessment, the federal court may remand a case to an administrative law judge because the judge who made the decision failed to apply the rules outlined by the Social Security Administration. Alternatively, the federal court may conclude that the administrative law judge failed to follow another principle of law, requiring the court to remand the case.

Legal Assistance

If you would like more information about appealing your case, contact a Social Security lawyer Albuquerque from the Law Office of Michelle Baca and Associates.