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more_legal_areas social-security-disabilityThe Social Security Administration (SSA) is well known for turning down a lot of applicants for Social Security disability benefits. However, the SSA does provide several opportunities for Social Security disability appeals. An applicant (also known as a claimant) who is trying to secure disability benefits has four chances for appeals. Social Security disability appeals are available at the following four points in the benefits application process :
Note : the SSA's appeals process has changed for applicants the northeastern region of the United States. As part of the SSA's efforts to reduce its huge backlog of cases and to streamline the disability determination process, the SSA has implemented a new appeals procedure in Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont as a test. Other Regions may eventually use the new procedure. See the new appeals procedure if you've applied for SSDI or SSI in one of these states and want to appeal an unfavorable decision.
Reconsideration
After a claimant sends his or her first request for disability benefits to the SSA, if the Disability Determination examiner denies the request, the claimant can ask for "Reconsideration" by another Disability Determination examiner. A Reconsideration is a review of a claim by an examiner who did not take part in the first decision. Also, any new evidence that has become available can be submitted along with the request for a Reconsideration.
A claimant needs to send his or her request for a Reconsideration in writing, to the SSA, within 60 days of receiving the SSA's letter denying the claim. Social Security disability appeals have rather strict deadline requirements — if a claimant does not appeal within the 60-day limit, he or she will have to prove why a valid reason prevented the timely filing of the appeal.
Hearing
If the Reconsideration examiner denies the claim for benefits, the claimant can appeal the decision by asking for a hearing. A benefits hearing is held before an administrative law judge, and the claimant should attend this hearing if possible. If the claimant cannot attend the hearing (because of his or her disability or medical problems, for example), the hearing may be held by videoconferencing. A claimant can have a Social Security disability attorney or advocate at the hearing, and can bring witnesses. Hearings are a common type of Social Security disability appeal.
Appeals Council
If the hearing results in an unfavorable decision, a claimant can appeal the decision to the SSA's Appeals Council. The Appeals Council is located in Virginia, where the Council members review all of the requests for appeal. As with other requests for Social Security disability appeals at the SSA, a 60-day limit is set as the deadline for appealing after an unfavorable decision.
The Council might turn down a request for appeal. If the Council accepts the application for appeal, it will review all of the documents and other materials in a claimant's case. The claimant does not need to go to Virginia.
Federal Court
After an unfavorable decision by the Appeals Council, Social Security disability appeals can be taken to Federal Court in the form of civil lawsuits. There is a fee charged by the federal court to file such a lawsuit. It's rare for someone to take his or her claim for disability benefits this far, but it does happen, and favorable decisions have been obtained in a federal court after the entire SSA process resulted in denials of benefits. Social Security disability appeals have even made it all the way up to the United States Supreme Court.
A Social Security Disability Attorney Can Help
The disability benefits process can be a daunting challenge. For knowledgeable and experienced legal assistance with the Social Security disability appeals process, contact a Social Security disability attorney today and schedule a consultation to talk about your claim.
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