Appealing a Denial of Social Security Disability Benefits
Appealing a Denial of Social Security Disability Benefits
Many applicants who submit their information to receive Social Security Disability Insurance (SSDI) will be denied. They have the right to appeal the decision through a serious of processes designed to change the decision of the Social Security Administration (SSA) if the applicant truly has a disability preventing them from working. The SSA is very strict about their decision making to prevent people from receiving benefits that they truly do not need or deserve.
The first step in the appeals process is called a reconsideration. The applicant will complete the forms and then the SSA will send them to the State Disability Determination Services office where the applicant resides. This office will review the applicant's medical records and then make a determination about their application. The applicant is allowed to submit additional information in addition to the documents from the first application. If the application is denied, the second step is called a hearing.
The applicant will complete a request for hearing by an administrative law judge and an appeal disability report. These forms will be sent to the Office of Disability Adjudication and Review. The office might request further information from the applicant to clarify their claim of disability. The applicant can also request a face to face meeting with a judge. If the claim is again denied, the next step is a review with an appeals council.
The Appeals Council Review will appoint someone in their office to review the applicant's medical records and make a determination about benefits. It is the right of the Appeals Council to deny the request for a review if they believe that the previous hearing resulted in a proper and legal ruling.
The final step to the appeals process, if necessary, is filing a case against the SSA in federal district court. The applicant must be represented by an attorney for this action. A district court judge will hear the case and make a ruling about SSDI for the applicant.
Those who file any type of appeal must be meticulous with their recordkeeping and be able to provide medical documentation of their disability. They must also be patient, as the appeals process can be lengthy and frustrating.