Filing Appeal For Disability Benefits

Have you or a family member recently received a "Notice of Disapproved Claim" for Social Security Disability Insurance benefits? If so, you will be interested in this quick overview of what to expect when filing an appeal:

• More forms
• More waiting 
• Maybe another denial and another appeal

Four Tiers of Appeal

The Social Security system provides a four tiered appeals process that you can go through to make your best efforts attempt to prove your claim of a disability that renders you unable to work. The four tiers are, in order:

• Reconsideration at a Disability Determination Services (DDS) office
• Hearing before an Administrative Law Judge
• Appeals Council 
• Federal Court

How Long Does It Take?

There really is no set answer to this question, because the length of time your appeal can take is not only dependent on the DDS caseload at the time, but can also be impacted by how quickly you and your treating doctors provide necessary information. However, you can estimate that an appeal can take anywhere from six or seven months to almost two years.

What Happens?

What happens at each appeal level depends on where you are in the process. Most of the decision reversals that are going to occur will happen either in Reconsideration or by the Administrative Law Judge's decision.

• If you are at the first tier, Reconsideration, your file plus any new information contained in your Appeal Disability Report or new information gathered from your physician or hospital will be evaluated again, by entirely different personnel. The examiner who was involved in your original benefits denial is not part of the Reconsideration.
• If you have been denied at the Reconsideration tier, you may request a hearing before an Administrative Law Judge. If you are not already working with an attorney, this would be a good time to begin. 
• If you disagree with the Administrative Law Judge's decision you may ask Social Security's Appeal Council for a review. They have the option of agreeing to review the case or not.

If the Appeals Council declines to review your case, or your claim is denied again you may file a lawsuit in Federal Court. At this final appeal tier you must hire an attorney if you have not already done so.

Information Needed

Filing for disability and then going through the claims process takes a great deal of patience as well as attention to detail. Keep meticulous information about everything relating to your case. You will be asked to provide a wide variety of information including:

• medical history
• medications taken, their dosages and frequency
• diagnostic testing and results
• work history 
• information about other insurance, such as worker's compensation

Seek Legal Help

Obtaining Social Security disability benefits can be a long and complex process, requiring not only knowledge of the rules and processes but also an understanding of how your current medical condition fits into all the pieces. An attorney who specializes in disability law or personal injury law will have the knowledge and resources to help you receive the maximum benefits you deserve.