How To Appeal A Disability Ruling

When a person is too injured or infirm to work, they often must rely on any disability benefits that they are entitled to, such as Social Security or Veteran’s Administration disability benefits. But obtaining such benefits requires an application process, which carries a risk of denial. A denial of disability benefits can be overturned, but the process depends on the government agency involved.

Social Security Benefits

When the Social Security Administration denies an application for disability benefits, an aggrieved party will have two months, after receiving the denial decision, to contest the decision. The claimant must mail in two forms, a request for reconsideration and a reconsideration report. Moreover, a claimant would be well served by including additional documentation, such as new medical records or data. The agency will review the request for reconsideration and will make a new determination.

If the Social Security Administration upholds the previous denial, then the claimant can opt for further agency review by requesting a hearing at a local field office in front of an Administrative Law Judge. At the hearing, a claimant can submit paperwork as evidence and provide testimony, to include witness testimony. If the applicant is still unsuccessful, then they can request further review (and a hearing) via the Social Security Administration’s Appeals Council.

The final step, if the administrative review process is unavailing, is to file a lawsuit in a federal district court.

Veteran’s Disability Benefits

When someone wishes to contest the disability decision of the Veteran’s Administration, they have one year to file for a review and/or an appeal. The first option is a review by a Decision Review Officer at a local field office. This particular process is somewhat informal, and the Decision Review Officer can discuss the matter with the claimant. If some instances, the Decision Review Officer will reverse the denial without the need for a hearing. Otherwise, there will be an administrative hearing.

If the claimant is unsuccessful at the Decision Review Officer stage, they can seek a review at the Board of Veteran’s Appeals. The appeals process will culminate with a formal hearing, either at the Board of Appeals office in Washington, D.C, or at a local field office.

The final step, if the claimant loses at the Board of Veteran Appeals, is to seek review via the proper federal appellate court.