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Disability Claim Appeal Process

By Kenton Koszdin on October 16, 2018 | In Social Security Claims Process

Disability Claim Appeal Process

If you’ve been denied for SSI (Supplemental Security Income) or SSDI (Social Security Disability Insurance) you have the right to file a disability claim appeal. There are regulations about how and when this must be done, as well as a process you will need to go through. If your disability claim was denied and you wish to appeal it, here’s what you need to know.

Time Limit and How to File a Disability Claim Appeal

You have 60 days from the date you received your disability denial decision to file for an appeal. You can call the Social Security Administration (SSA) to request the forms you need to fill out. These forms are also available online, where you can also submit additional documentation the SSA may need in order to make a determination of your disability claim appeal. A disability lawyer can also help with this process.

The Steps You Will Encounter

If your disability claim appeal isn’t approved through early steps in the process, you will go through four steps altogether. The first step is called reconsideration. Someone who had no impact on the disability denial will look at the claim and all evidence that was presented. Their decision could be either to award disability benefits, or they may agree with the denial.

If you were denied at the reconsideration state, you can submit another disability claim appeal and the case will go to a hearing where you will make your case in front of an Administrative Law Judge (ALJ). The hearing is usually held in person and could be as far as 75 miles away from your residence. The ALJ will let you know when you need to appear and if they are requesting any additional evidence

If you are again denied, you can request to appear before the Appeals Council. The Appeals Council may look at your case to make a decision. If they agree with previous decisions, you won’t be able to make your case in front of the Council. If they agree it needs a second look, you will go before an Administrative Law Judge once again. If the Appeals Council upholds the denial or the second hearing before an ALJ is also denied, there’s one last step.

The Federal Court can be called in to review your entire case if you’ve not received benefits after any previous denial. The court can look at your case to make a final decision. This will be the decision that stands.

Getting Help

You are able to ask the SSA to allow someone to help you, whether it is a friend or family member, when it comes to filing all applications and the disability claim appeal, no matter how many times it is needed, until you get to the federal court trial. If you feel you need more help with your disability claim appeal, you may want to contact a lawyer that is more experienced with Social Security and appealing disability cases.

If you’re looking for help going up against the SSA when it comes to your disability case, an experienced disability attorney can help with your disability claim appeal. In the Los Angeles area, that experienced lawyer is Kenton Koszdin. Call or stop in to schedule an appointment for your free consultation.

 

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