Disability Denied? How to Appeal at Every Stage

If you struggle with a disability that has caused you to be unable to work, you may be experiencing a tremendous amount of financial stress – and you may have filed a claim for disability benefits to relieve that stress. If that is the case and your claim has been denied, you may feel overwhelmed. That’s normal. The good news is that, although an initial denial isn’t ideal, it doesn’t necessarily mean you’re out of options. There is an appeals process available that consists of a variety of stages. Let’s take a closer look at those stages together.

Request for Reconsideration

Filing a request for reconsideration is the first stage of the disability appeals process. Those wishing to file a request for reconsideration must do so within 60 days of the date of the initial denial of their claim. Typically, those requesting reconsideration will want to include the reasons for their request, as well as any additional medical evidence that supports their need for benefits. As with any legal matter, consulting with a knowledgeable and experienced attorney to determine what additional evidence may be needed will be essential.

After your request has been submitted, an examiner from the Disability Determination Services Office in your particular state will review your request and issue a decision. If the decision is an approval, you should begin receiving your benefits shortly thereafter. If your request is denied, however, you may decide to move on to the next phase of the appeals process.

Administrative Law Judge Hearing

If your request for reconsideration is denied, you may wish to move on to the next stage of the appeals process, which is a hearing before an Administrative Law Judge.

During this phase of the appeals process, you will have the opportunity to present even more additional medical evidence if desired, as well as witness statements, evidence regarding your employment history and job duties, and potentially any additional information that your attorney or the ALJ deems necessary.

A request for a hearing will need to be made within 60 days of the denial of your request for reconsideration. The hearing may take place online, by phone, or in person, depending upon the circumstances. After reviewing all of the evidence submitted, the ALJ will render a decision. If the decision is a continued denial of your claim, you may choose to move to the next phase of the appeals process, if desired.

Appeals Council Review

As with the first two stages of the appeals process, those who disagree with an Administrative Law Judge’s decision will have 60 days to pursue the next phase of the appeals process, which is seeking a review with the Appeals Council.

At this phase of the appeals process, you will need to present arguments that the Administrative Law Judge erred in denying your appeal. This will likely require sufficient and substantial evidence, as well as the decision of a knowledgeable and experienced attorney.

The Appeals Council will review the evidence and arguments that you present, and can either approve your claim, deny your claim, or send the matter back to the Administrative Law Judge for additional review. If the Appeals Council ultimately denies your claim, you can move on to the final stage of the appeals process, if desired.

Federal District Court Action

The final stage of the disability appeals process is filing an action in federal district court. If you choose to pursue this option, a federal judge will review the evidence and arguments that you present and make a determination as to whether or not to reverse the denial of your claim. Depending on how busy the court is, this phase can be time-consuming and complex, so discussing this option with an attorney will be important. An attorney who understands the law will be able to advise you as to what other options, if any, might be available for your particular situation.

If your claim is ultimately denied at the federal level, you may understandably feel discouraged. If that is the case, you shouldn’t panic or allow yourself to feel overwhelmed. There are attorneys who know and understand the law and can advise you on the best next steps for your situation. At Disability Experts, we’re here for you.

Call Disability Experts Today

If you have filed a claim for disability benefits and been denied, and if you’ve determined that appealing that denial is the right step for you, there’s no day like today to get started. It may feel overwhelming to know where to begin, and that’s understandable. At Disability Experts, we’re here to help. Our knowledgeable and experienced team of attorneys understands every aspect of the claims process, and we’ll always pursue the best legal strategies on your behalf. If you’re ready to take the first step, give us a call today. We look forward to speaking with you soon.

Sources

• Social Security – Appeal a Decision We Made: https://www.ssa.gov/apply/appeal-decision-we-made
• Social Security Request for Reconsideration: https://www.ssa.gov/apply/appeal-decision-we-made/request-reconsideration
• Request a Hearing with a Judge: https://www.ssa.gov/apply/appeal-decision-we-made/request-hearing
• Appeals Council Review: https://www.ssa.gov/apply/appeal-decision-we-made/request-review-hearing-decision
• Filing a Federal Court Action: https://www.ssa.gov/apply/appeal-decision-we-made/request-review-hearing-decision