Social Security Disability Appeals

Qualifying for a Social Security Disability program is not an easy job. Even after completing all the paperwork, it is quite normal for a claim for disability benefits to get rejected by the Social Security Administration due to several reasons; mostly the reason is on medical terms. The next option for the applicant is to file an appeal to reconsider and review the request.

Social Security disability appeals can be categorized into various levels, beginning from the first reconsideration appeal. A request for reconsidering the claim is given to the SSA. The written request is filed within 60 days of the original rejection of application. The applicant has to provide all updated medical documents. Usually, the reconsideration review is done by an SSA representative who was not present during the first screening of application; the SSA official examines the new evidences as well as the papers submitted along with the original application. If the claim is rejected at this level, then the next step is to file for a hearing.

The social security disability hearing is conducted by Administrative Law Judge who was not part of the previous two decisions regarding the claim. The applicant may bring his/her Social Security disability lawyers or representatives, witnesses, and medical or vocational experts to the hearing to prove the case. The judge, after listening to all the information provided by the applicant and his associates, and examining all documentary as well as direct evidences, hands down his decision.

If the person is again denied disability benefits, the third stage of appeal is a request for review by the Social Security Appeals Council. The decision to consider the request rests with the Appeals Council; if they feel that the judge’s decision was correct, they will reject the request. If the request is considered by the Appeals Council, they will either make decisions on the case or will return it for further review by an Administrative Law Judge. The individual will be informed by the Appeal Council of its decision in all the above situations; that is, when the Appeals Council rejects the request, when it decides the case, or when they send it to a judge for review. If the Appeals Council rejects the request or if the decision by the Council or the decision of the judge after further review is not favorable for the applicant, the final step is to file a lawsuit in the Federal court. If the person feels that the case has been handled unfairly, they can take the case to the U.S. Supreme Court.

The role of Social Security lawyers is very crucial in the whole process. They can represent the individual during hearing, present and argue in favor of their case, and generally assist the person to get the Social Security disability benefits they deserve.