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What options do I have after being denied social security?
What options do I have after being denied social security?
All Disability Denials and Appeals Questions & Advice
Can I continue on my husbands disability benefits after his death?
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I have decided to appeal the denial of my disability claim. How long will the social security disability appeals process take?I keep getting denied disability for blindness, because of lack of medical evidence. What options do I have?
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What options do I have after being denied social security?This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Answers
You can appeal the decision. There are four levels in the Social Security appeals process. If you are going to appeal, you must do so within 60 days (plus five days mailing time) from the date of the denial, although Social Security may grant an extension if you meet specific criteria.
Reconsideration
When an appeal is filed, Social Security will conduct a reconsideration of the claim if you request it. The reconsideration will be completed by someone other than the person who made the original decision. All evidence will be reevaluated and a new decision will be made.
Hearing
If the reconsidered decision is unfavorable, you can choose to go to the next level of the appeals process, which is a hearing before an administrative law judge, where you can present all the evidence in person. If you wish, you can have a representative, such as your attorney, accompany you to the hearing.
Appeals Council
If the hearing does not result in approval, you can then request that your case be considered by the Social Security Appeals Council. The form SSA uses for Appeals Council requests is HA-520-U5. If the Appeals Council allows the original decision to stand, you have the option of filing a civil suit in Federal district court.
Talk to a Social Security Disability Lawyer about appealing your case, and find out how you can expedite your payments.
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Posted by Jan Hill on 10 May 2010
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