My request for disability benefits was denied. How do I appeal the decision?

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Question:

My request for disability benefits was denied. How do I appeal the decision?

Answer:

When you apply for benefits through the social security administration, there is a good chance the claim will be denied. The SSA, in an attempt to weed through fraudulent claims, will deny a claim if there is any possibility that the claim is not legitimate. Fortunately, if you have a claim for benefits that you believe is a legit claim, there is a disability appeals process you can take advantage of.  To appeal the decision:

  • Review the information contained in the benefits denial letter. The letter should specify the reason for the denial. Sometimes, this is a very simple thing to fix- maybe you just forgot to submit the right paperwork, for example. Other times, the reason can be more complex, like the SSA doesn't believe your disability is serious enough to impair you from working
  • File a written appeal with the SSA within 30 days of receiving your denial. Include as much additional information or details as you can regarding your condition, and address any problems with your application that were stated in the denial letter
  • If the written appeal to the SSA still results in a denial, you can request a disability hearing. This is an administrative hearing, not a court case, but you'll still be given the chance to present evidence and additional information at this hearing. 
  • If you exhaust all the appeals in the SSA administrative system, then your last option is to file an appeal in federal court. Be aware, though, that the federal court is very respectful of decisions made by the SSA and is not going to overrule their decision unless there was some error or problem in the decision.

If you plan to appeal your denied disability benefits, you need to get help. It is a good idea to call a lawyer who specializes in disability appeals to assist you with this process. 

This article is provided for informational purposes only. If you need legal advice or representation,
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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.


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