How Can You Appeal The Denial Of A Social Security Disability Case?
When filing for social security disability, there are some conditions that will be automatically approved. Usually this includes cancer, blindness, severe mental illness or the loss of one or more limbs. However, for other conditions, such as back pain, fibromyalgia, or depression, it may take more time and effort to prove you are permanently disabled. Fortunately, getting turned down at your initial application does not mean you will never be approved for disability. You can appeal this decision and you may win your case eventually. These are the four levels of appeal that you can use to be awarded your social security disability benefits.
Request for Reconsideration
The first step of appealing for your disability claim is a request for reconsideration. Your claim will be reviewed by a different medical professional and examiner who have not previously viewed your case.
Administrative Law Judge Hearing
If you are denied when requesting a reconsideration, your next step is to go before the administrative law judge for a hearing. You or your attorney must request this hearing within 60 days after you are denied for reconsideration. The administrative law judge is actually an attorney who works for the Social Security Administration's Office of Adjudication and Review.
Since you will be seeing the judge face to face, you can easier show him how severe your medical condition is. Many people have been able to win their claims once they reach this step of the disability process.
The Appeals Council
If you are still denied by the administrative law judge, you can request that your claim be viewed by an appeals council. However, the appeals council is more selective about which claim they will actually review.
Often, the appeals council dismisses cases that they think were not processed correctly. They may instead be looking for discrepancies that do not support your case or the decisions made by the previous viewers of your case. The likelihood that your claim will be granted by the appeals council is very slim.
Federal Court Review
If all else fails, your final option at winning your social security disability claim is to file a suit against the Social Security Administration. Your case will be reviewed in district court by judge without a jury. The judge will review your claim thoroughly to find any errors that may have been made by the administrative law judge or the appeals council.
It is not uncommon for people to win their claims at this stage. However, a lawsuit is very time consuming and expensive and this is usually only done as a last resort to win a claim.
When applying for your social security disability, it is in your best interest to hire an attorney to ensure that everything is filed correctly. Many attorneys do not charge their clients unless they win the claim successfully. To learn more, contact Allison Tyler Attorney.