Appealing A Denied Disability Social Security Claim
Posted on: 30 March 2016
If you've recently applied for disability through the US Social Security Administration and it's been denied, there are some steps you can take to appeal the decision. It's important to understand the procedure for appeal so that you can increase your chances of getting the claim approved. Here is some information about the appeals process so that you can be prepared in the event that your claim gets denied.
Reconsideration
The first step in a disability social security claim appeal is to request a reconsideration. A case worker who did not review your claim the fist time will take a second look at the information. They may request that you provide more evidence, such as more medical records or a signed letter from your doctor. You will not need to attend a hearing or be present for a reconsideration to take place. The case worker will re-read all of your information and determine if more information is needed, or decide if the original denial was unfounded. Be prepared to give as much information as you can and to explain why and how you're currently coping with a disability.
Hearing
If your case is still denied after reconsideration, you may ask for a hearing. This hearing is similar to a court case where you'll be asked to appear before a judge who has no prior knowledge of your current claim. You will be notified of the time and place of your hearing by the Social Security Administration and may be asked to provide more information during the hearing. It's a good idea to bring some witnesses to the hearing such as your current doctor, vocational experts, and anyone else who can help substantiate your current situation and inability to work due to your disability. If you cannot get to the courtroom, you can be granted a video hearing at a closer location to your home.
Appeals Council Or Federal Court
If the hearing does not rule in your favor, you may request that your case is heard by the Social Security Administration Appeals Council. They may rule that the court decision was correct before you even make it to the appeal stage. However, if a thorough review shows that your case deserves another look, you may have a chance of getting it approved. You'll receive a final letter from the Appeals Council telling you whether or not your claim was approved or denied as well as the reasons why. Your last option is to file a lawsuit in Federal District Court. In those instances, it's always recommended that you seek the help of a social security attorney, such as Glen Cook Social Security Attorney, who can help you navigate the court process and get your final appeal approved.
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