Denied disability benefits by the Social Security Administration? File an appeal with a written request for reconsideration. The appeal may escalate to a hearing before an administrative law judge, an Appeals Council review, or a lawsuit in federal court. The claimant may represent themselves or hire a disability benefits attorney.
Those who have been denied disability benefits by the Social Security Administration (SSA) have the right to file an appeal. Filing a Social Security appeal begins with a written request for reconsideration. This notice asks SSA to send the plaintiff’s Social Security appeal documentation, which must then be completed and mailed. Depending on the outcome of the reconsideration, an appeal may escalate to a hearing before an administrative law judge, an Appeals Council review, or a lawsuit in federal court. The claimant may represent themselves throughout the process or hire a disability benefits attorney.
SSA will provide written notice of its decision to approve or deny disability benefits after an application is filed. This information will include the reasoning behind the decision and information on how to appeal, if you wish. A Social Security appeal is initiated when the claimant disagrees with the assessment and requests a reconsideration. The request for reconsideration must be submitted within 60 days of receipt of the decision letter from SSA. Contact your local SSA office to receive the reconsideration documents.
Reconsideration documents must be returned to SSA immediately. Include specific reasons why disability benefits are deserved and why the original decision should be reversed. It is beneficial to provide supporting documents; Information from recent medical appointments or medical opinions from a new physician may add weight to a claimant’s case. An SSA official not involved in the original decision will reconsider the case and make a determination based on the information provided.
If the claimant still disagrees with this level of decision, Social Security’s appeal process may advance to a hearing before an administrative law judge. SSA will notify the claimant 20 days prior to the hearing of the date, time, and place. Most hearings occur within 75 miles of the disabled person’s residence, and attendance in person or by videoconference is strongly encouraged by the SSA. Both parties can question witnesses, such as doctors, about the information in the application for disability benefits and the appeal materials. The judge will issue a decision based on the evidence and will send a written notice of the decision.
The Social Security appeal case may escalate to a review before the SSA Appeals Council. The board considers all requests for further review, but can choose not to hear a case if it believes the decision so far is correct. If the board considers the appeal, it will either hear the case or send it to another administrative law judge. The Appeals Council will provide written notice of any action taken.
The last step in a Social Security appeal is to file a lawsuit in federal court. A claimant may take this step if they disagree with decisions made during administrative review in the appeals process or if the Appeals Council chooses not to review the case. Information on how to file a lawsuit will be included in the Appeals Council notice.
The claimant may represent themselves throughout the review process or they may hire an attorney to do so. An attorney will usually take care of all the paperwork, arrange the hearing dates, represent the plaintiff at the hearing and in all other legal proceedings, and gather the necessary supporting documents and witnesses. The attorney cannot charge a fee to assist in a Social Security appeal case without first obtaining written approval from the SSA. Alternatively, the SSA will provide free assistance to those who wish to represent themselves.
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