The Ssdi Appeals Process What You Need To Know

In order to qualify for Social Security Disability Insurance you must first meet certain criteria. You must go through an application process and be approved before you can receive cash benefits. The application process can take over five months before a decision to approve is made. However, the news of denial can come much quicker. If denied, you can appeal the decision. The appeal process consists of four levels.

Reconsideration: When you make a request for reconsideration, you are asking the Social Security Administration to re-view your case. Submit a Request for Reconsideration to request reconsideration. Someone other than the person who made the first ruling will reevaluate the original information and any new information presented. It is not necessary for you to be present during the reconsideration stage. If the decision is still denial, you can appeal the decision.

Hearing: At a hearing, you go before an administrative law judge (ALJ) who will go over the original ruling and make a decision. It is a good idea that you attend all hearings to present your case. However, it is also a good idea to have an attorney present.

Appeal Council: At the Appeal Council stage, you are requesting yet another review of your case because you disagree with the ALJs decision. The appeal council can make its own ruling and overturn the administrative law judge's decision or recommend that it stand.

Federal Court Review: Finally, if you disagree with the results of the Appeal Council you can request a federal court review. At this level, the ruling is final.

How to File an Appeal

To appeal a denial you must do so in writing 60 days from the time that you receive your denial letter. The Social Security Administration assumes that you received your denial letter five days after mailed unless you can prove otherwise.

Should You Hire An Attorney?

An attorney is not required at any level of appeal. You can represent yourself at each level. On the other hand, when you hire an attorney your chances of a favorable outcome will increase. In addition, an attorney will have experience in the appeal process, which means he or she can offer guidance and recommendations to help better your chances of winning your case.

Cash Benefits during the Appeal Process

You may be able to request that you benefits continue during the appeal process if you are being denied based on your medical condition. Ten days after you receive your denial letter you must request in writing that your benefits continue during the appeal process. If after the appeal process, you are still denied you may be required to pay back any benefits received during that time.

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