If you have been denied Social Security disability or Supplemental Security Income benefits, you have the right to appeal the denied claim.
The appeals process can be complicated and intimidating, but the Social Security Administration works with disability attorneys as well as applicants.
Watch my video below to better understand how to appeal a denied Social Security disability claim:
Step 1) Submit an Appeal by the DeadlineYou have 60 days from the date of denial to file an appeal for disability benefits. The SSA accounts for mailing time too. If you cannot meet this deadline, provide the SSA with a valid reason in writing and your deadline may be extended.
Step 2) Request for Reconsideration ProcessThose applicants who are filing an appeal first have to go through "reconsideration." A representative who has no familiarity with your case will consider all of the evidence and aspects of the case. If there are any new developments or pieces of evidence in your case, be sure to submit them. If your reconsideration is approved, then you will receive a letter in the mail saying so. If your reconsideration is denied, then you move onto the next stage of the appeals process, which is a hearing.
Step 3) What to Expect at a Social Security Disability HearingApplicants appealing a denied social security disability claim can request a hearing if reconsideration doesn't turn out the way they had hoped. Again, a person who knows nothing about your case will make the decision. That person in this case will be an administrative law judge (ALJ). You can expect to see them and the following people at your hearing:
- your attorney
- vocational experts (to testify about the person's work history)
- medical experts (to testify about the person's health or disability)
- other witnesses
Step 4) Appeals Council ReviewAs the appeals process progresses, it gets more difficult. Most denied SSD claims don't go past the hearing level since the time and money needed to do so aren't worth the potential benefits. However, there are two more levels in the appeals process. The Appeals Council is a part of the Social Security Administration and consider a case if an appeal is filed past the hearing stage. They may deny requests for appeal if they agree with a prior decision, decide upon the matter themselves, or send it back to an ALJ for further review. No matter their decision, the Appeals Council will send you a notification in the mail.
Step 5) Federal Court
The final step in the appeals process is to file a formal lawsuit in federal court. Claimants rarely reach this final step in the appeals process, but it is an option if you disagree with the decision. You will certainly need a disability attorney at this stage of the appeals process, but hiring one as early as possible will help save you the time, money, and stress that accompany a lawsuit.
You have the right to appeal your denied Social Security disability claim. Your chances of being approved in the reconsideration stage or at a hearing are much higher if you have an experienced disability lawyer working on your case. Call the Coye Law Firm today to get compassionate, aggressive, and experienced representation.