Filing a social security claim is the first step towards getting relief from the financial difficulty that comes with a disability. Across the state, the social security offices deny a high number of claims. Disabled persons have a right to appeal a denial and clients benefit from the advice and assistance of an experienced Social Security Disability Lawyer.
Can you appeal a Social Security Disability claim denial? The answer is Yes. In total, the law permits four levels of appeals with the final level in a federal court. In a sense, denial often means that the agency needs more and more precise information. The four steps discussed in more detail below are:
- Administrative Hearing
- Appeals Council
- and federal court.– Reconsideration
The denial letter from social security will state the reasons for the decision. You can appeal denials for medical reasons by reconsideration. You and your attorney can work together to prepare medical evidence and respond to the medical reasons for denial. Reconsideration is a review of your case by a different staff person. The case will be before someone that was not involved in the first decision.
A claim might be denied for non-medical reasons. People with severe medical issues have been denied benefits over other issues like coverage, ability to work, and amount of income. An experienced lawyer can assess the situation and guide you through the reconsideration process. If the reconsideration officer does not decide in your favor, then you can appeal to an administrative law judge.
– Hearing by an Administrative Law Judge
The hearing before the administrative law judge is an opportunity for you and your attorney to make a full argument. You can answer each reason for denial with testimony and medical evidence. The hearing process includes medical evidence, testimony about the medical record, and all other helpful information.
An experienced social security attorney will file information with the judge and help you prepare for the hearing. Many cases depend on a full and fair consideration of the medical evidence and the extent of disability. Your attorney is your advocate to present facts and make compelling arguments for granting the request for disability benefits.
– The Appeals Council
Review by the Appeals Council is the remedy when the administrative law judge denies the claim. The Appeals Council will first look at the case and way the law was applied to the evidence. The council then decides whether to hear the case. Once the case goes before the Appeals Council, the review can grant the benefits or return the case to the administrative law judge with instructions for further review.
– Federal Court Review
The last stage of appeal is to file the case with the US District Court. Your case will be heard by a United States District Court judge with expert legal assistance by your representative or SSDI law firm. The federal court review will consider the entire record and your attorney can show the Court the errors of law or failures to properly consider the medical record and other evidence.
You can represent yourself before any stage of the process. If you choose to take advantage of the advice of an expert legal advisor, you must notify Social Security of the name of your Social Security Disability Lawyer.
Denial of social security is not the end. Denial is the beginning of the fight for your rights to the social security disability benefits that you are entitled to receive.