The Four Stages Of Appeal In A Social Security Denial

The Social Security Administration or the SSA always makes sure that every applicant"s

claim for benefits are correctly reviewed and evaluated based on the applicant"s provided medical information and other criteria. After careful assessment of an applicant"s eligibility for SSA benefits, the government agency gives the applicant a letter of notice containing their decision, which is either an "approved" or a "denied" answer. Sometimes, the decision can be a negative one.

There are a lot of reasons why the SSA denies an applicant"s claim. One major reason is because of the applicant"s inadequate medical information to determine his eligibility of a certain claim. While this is true, the applicant may believe that the provided information is correct and enough to match the SSA"s criteria on e.g. disability. The applicant, however, can have the denied decision reversed through a set of appeals.

There are four stages for appealing a denied claim for SSA benefits. The first stage of appeal is the reconsideration stage. The applicant, upon receiving the letter of notice, must have sixty (or sixty-five) days to submit important SSA forms and new medical results relevant for reconsidering the claim. An SSA representative who did not take part in the initial denied claim will review the reconsideration, as well as the original claim containing the initial pieces of medical evidence.

The next stage of appeal is the hearing stage. If the applicant disagrees with the reconsideration, he can ask for a hearing to be administered by a neutral administrative law judge (ALJ). The hearing could be done either in person or through video conference, depending on the situation. Before the hearing could start, the applicant must provide more evidence to support the claim to receive benefits and to also carry along important witnesses for further questioning by the ALJ.

The next one is Appeals Council. If the applicant opposes the ALJ"s decision, he can ask for an Appeals Council headed by the SSA. In this stage, the Council may either refuse to review the request or handle it. The Council may make the decision or have the request returned the ALJ for further evaluation. This Council will go underway even if the applicant is not present. Any results are sent through a letter of notice.

If the Appeal"s Council refuses to review the case or decides to deny the request, the applicant may file a lawsuit at a federal district court. The applicant can file a lawsuit with the help from a social security attorney from any of the reputable Santa Monica law firms.

by: ashleycasas

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