Connect with us

Latest News

Different Stages Of Disability Appeal Process



Different Stages Of Disability Appeal Process

If the application for Supplemental Security Income or Social Security disability benefits gets rejected by the SSA or Social Security Administration, you can file an appeal. Since most disability benefits applications are denied for the first time, the people who receive the benefits they deserve must go through at least one of the stages of the appeals process. 

The best part is that your benefits are retroactive if your application is denied and you win on request. The rules are unforgiving and strict, so working with a disability claims attorney is best.

Different stages of the disability appeal process

  1. The first level of appeal 

According to disability lawyers from law firm Gade & Parekh, the first step in the appeal will be to get your paperwork in order and file a request for reconsideration. You have two months from the date of the decision on your claim to file a proposal for reconsideration. The new person will look at your disability claim, not the one involved in the initial denial.

You could file extra evidence and request an online appeal if the claim was denied for medical reasons. Suppose the disability benefits application is rejected for non-medical reasons by the SSA, like assets or income. In that case, you can apply for an online request for the non-medical judgment letter that led to denying your application benefits. 

  1. The second level of appeal 

Here too, you have two months from the notice date of the decision on your reconsideration request for a hearing by the Administrative Law Judge. If you are unsatisfied with the reconsideration results, you can contact the Administrative Law Judge to review your case and hold a hearing.

Occasionally, the hearing is in-person. Mostly, the hearings take place within 75 miles of the area you live in. Under a few circumstances, the applicant can ask for a video hearing. Since most people have used Zoom and other video conferencing platforms during the pandemic, they are comfortable with such an option and find it more convenient. 

  1. The third level of appeal 

You have two months and sometimes less from the date of notice date of the decision on your hearing by the Administrative Law Judge to file a proposal for reconsideration by the Appeals Council. The Appeals Council will look at your appeal for review and your case and decides whether the decision of the Administrative Law Judge complied with the relevant laws and regulations, and if not, they can deny your claim for a review. 

If the Appeals Council allows for a review, they will send that to the ALJ to review more or handle the review themselves. If you are not satisfied with the decision of ALJ, you can request the Appeals Council to check it themselves.