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Have You Been Denied Benefits? "Click Here for a Free Social Security Case Evaluation. "
The Social Security Appeals Process
My Claim Has Been Denied! What do I do now?
You have the right to appeal a denial of your claim. If you wish to appeal, you must make your request in writing within 60 days from the date you receive your denial letter. The SSA will assume you receive the letter five days after the date on it, unless you can show them you received it later. Call your Social Security office if you need help with your appeal.
How Many Appeal Levels Are There?
There are three levels of appeal. They are (1) reconsideration, (2) hearing by an administrative law judge, (3) review by the Appeals Council and (4) federal ctheir t review.
When the SSA sends you a letter about a decision on your claim, the SSA will tell you how to appeal the decision.
Request for Reconsideration:
A reconsideration is a complete review of your claim by someone who didn't take part in the first decision. The SSA will look at all the evidence submitted when the original decision was made, plus any new evidence.
Most reconsiderations involve a review of your files without the need for you to be present. But when you appeal a decision that you are no longer eligible for disability benefits because your condition has improved, you have a choice of a file review or meeting with a Social Security representative to discuss your case. You can meet with a disability hearing officer and explain why you believe you still have a disability.
Request for Hearing:
If you disagree with the reconsideration decision, you may ask for a hearing. The hearing will be conducted by an administrative law judge who had no part in the first decision or the reconsideration of your case.
The hearing is usually held within 75 miles of your home. The administrative law judge will notify you of the time and place of the hearing.
You and your representative, if you have one, may come to the hearing and explain your case in person. You may look at the information in your file and give new information.
The administrative law judge will question you and any witnesses you bring to the hearing. You or your representative also may question the witnesses.
It is usually to your advantage to attend the hearing. If you don't wish to do so, you must tell the SSA in writing that you don't want to attend. Unless the administrative law judge believes your presence is needed to decide the case, he or she will make a decision based on all the information in your case, including any new information given.
After the hearing, the SSA will send you a letter and a copy of the administrative law judge's decision.
We strongly advice that you get a representative or lawyer to assist you if your claim reaches the hearing level.
Appeals Council:
If you disagree with the hearing decision, you may ask for a review by Social Security's Appeals Council. The SSA will show you how to ask for this review.
The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review. You will receive a copy of the Appeals Council's decision or order sending it back to an administrative law judge.
Federal Court Review:
If you disagree with the Appeals Council's decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.
You will likely need an experienced lawyer to successfully appeal your claim to the Federal Court.
If you would like a free case evaluation, Click Here to contact a lawyer.
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