Disability Appeals

Every decision that Social Security makes on your claim can be appealed.  There are four levels of appeals, reconsideration, and hearing before an administrative law judge, appeals council review, and federal court review.  Appeals must be made in writing within 60 days of the date you receive a letter from Social Security notifying you a decision.  Social Security assumes that you received their letter 5 days after it is mailed to you, unless you can prove otherwise.

Disability Appeals Process

There are four levels of appeals in Social Security Cases.  They are:

• Reconsideration – this made by someone who did not review your claim the first time.  It is usually a paper review.  You can submit new information.
• Hearing by an administrative law judge (ALJ) – the AL J is someone who did not review your case at any previous level.  You are entitled to present witnesses, give testimony, or question any witness that maybe asked to attend by the ALJ.  You may be asked to clarify any information that is in your file.  You also have the opportunity to review you file at this stage.
• Review by the Appeals Council – the appeals council can deny a request for review if they feel the decision by the ALJ was correct.  If they deny your request for a review, you can appeal to the federal court.  If the Appeals Council decides to review your claim, they can decide your case themselves or return it to the ALJ for further action.  
• Federal Court review – is a review by the federal court with all the requisite rules and procedures involved in any federal court case.

Legal Help for Appeals

The complexities of Social Security Disability claims make legal representation essential once your initial claim for benefits is denied.  Seek representation early in the process.  When looking for a lawyer to represent you, choose someone who has experience in handling these claims.  A good Social Security lawyer understands the subjective nature of much of the information needed when pursing a social security claim.

Disability Attorneys Can Help

An attorney may bring out issues that you would overlook like, side effects from medication for your condition that make it impossible for you to return to work, testimony from family and friends that show the severity of your condition.  This kind of information is important if your condition does not meet one of the conditions in the Listing of impairments that would require a finding that you are disabled as a matter of law.