Disability Appeals Process In California

Many applications for disability benefits are denied in California. This can be because the application was incorrectly filled or because the assessor did not investigate your case properly. As the initial process of assessing claims for granting disability benefits relies entirely on paper forms without a personal appearance by the claimant, there is a strong chance that the benefits might be denied. The assessing officer might feel that the disabled person can continue working, while the actual reality might be different. However, one should not lose heart and give up. Any denial of disability benefits can be appealed.

Filing an Appeal

In California, the appeal against a denial of disability benefits needs to be filed within 60 days. The appeal should ideally be filed by filling in Form DE 1000A. This form takes only 45 minutes to fill and it is normally included with the denial notice. In the event that you have misplaced or lost this form, you may appeal against the denial by letter as well.

If you do not file an appeal within 60 days, you have to start the entire process again and file a fresh application for disability benefits. As there is a backlog of cases with the Social Security administration, your case will take time to be considered, leading to unnecessary delay.

Whether you use the form or the letter, state the reasons why you feel that the denial was unjust. Explain your disabilities in detail and describe how they deter you from performing your usual job.

Your first step is to request a reconsideration of your application for disability benefits. If you are denied benefits at this stage as well, then you need to request a hearing from an Administrative Law Judge.

Hearing

Many applications for disability benefits that were denied at the initial stages are successful at this stage. This is because the disabled person is physically present before the judge who is able to assess the extent of the disability more accurately. Moreover, the disabled person usually has a lawyer representing them. Such a lawyer is able to present the case more convincingly to the judge.

Talk to a Disability Lawyer

While the application for disability benefits might appear to be a simple issue, it needs to be done properly to convince the authorities that you are indeed disabled and eligible for the benefits. Improper filling of the application or incorrect filling of the appeals form can lead to repeated denials of your claim. Also, when appearing before the Administrative Law Judge, you need to have somebody who can represent your case in the most appropriate manner. Only a lawyer trained in disability cases will be able to do this for you. In the event that your application for disability benefits has been denied, approach a lawyer to help you file an appeal. This greatly increases your chances of success.