Do I Need Representation For Disability Appeal?

There are several stages of filing a disability appeal with the Social Security Administration (SSA). The appeals process can be quite lengthy and complicated during some of the appellate stages. Whether a person who files an appeal needs an attorney may depend upon the type of appeal they are filing.

Different Types of Appeals

There are five different appellate levels of an SSA disability denial. The first appeal is when the original disability claim has been denied. This is a request for reconsideration, which is done directly to the SSA. If this appeal is denied, the next step is to appeal for a hearing before an administrative law judge (ALJ). Most appeals involve either the request for reconsideration or the hearing before the ALJ, both of which are done within the SSA itself.

Request for Reconsideration

After an application for Social Security disability benefits has been denied in the initial stage, an appeal must be taken within 60 days of receiving the denial. The denial will include information about the appeals process. The appeal must be done in writing. At this stage, most people choose to proceed without an attorney. That doesn't necessarily make it the best decision. It helps to keep in mind, however, that most appeals are denied at this level, with or without an attorney. The request for reconsideration can take anywhere from a few weeks to a few months before a decision is rendered.

Hearing Before an Administrative Law Judge

If the request for reconsideration results in another denial, the claimant can request a hearing before an ALJ within 60 days of receiving the denial. A majority of the hearings before the ALJ will result in the claim being granted. However, to ensure that result, it is helpful to have an attorney present at this stage.

Most applicants will have an attorney or representative with them at this level. The reason is that the hearing is more complicated than the request for reconsideration. The appeal to the ALJ is a full hearing where evidence of the disability is presented. An attorney or representative will be knowledgeable of the types of evidence that should be submitted and will help claimants prepare for the hearing. The most frustrating part of the process is the waiting period—it could take up to a year before an ALJ hears the case. The problem is that many claimants give up before requesting a hearing when they might have won at that level.

Consult an Attorney

The SSA cannot guide you through the appeals process. Seek legal advice if you have appeal questions, as only an attorney can offer legal advice.