The Social Security Disability Appeals Process for Denied Claims
If the Social Security Administration has denied your Social Security Disability benefits claim then you aren't alone. In fact, more than 1 million applicants face initial claim denials each year. For many of these would-be claimants, this initial rejection is a sizeable roadblock in their route to obtaining Social Security Disability (SSD) benefits, but it doesn't have to be a dead end. A denied claimant has the right to bring his or her claim for further review through the SSD appeals process.
The SSD appeals process can be a complicated administrative process that may endure up to four stages of appeal, including:
- Reconsideration — This step prompts the SSA to assign a new claims examiner to review your claim and issue a new decision.
- Administrative Law Judge Hearing — If reconsideration results in another rejection, a timely request for an administrative law judge (ALJ) hearing provides you an opportunity to argue for your claim in setting similar to a courtroom. You will testify and present your evidence to the ALJ.
- Appeals Council Hearing — If the ALJ denies your appeal, another appeal can be filed with the SSA's Appeals Council. This Council can request another ALJ hearing, or simply grant or deny your claim.
- Federal Court Hearing — If steps one, two or three don't obtain benefits, the last stage is to take the SSD appeals claim to federal court.
You don't have to go through this process alone. Read on to find out what services a reputable advocate can provide in the SSD appeals process.
What an Attorney Can Do for your Claim
The stakes are much higher in the Social Security Disability Insurance (SSDI) appeals process than at the initial stage of claim submission. Once appellate review is exhausted, the Social Security Disability applicant has exhausted his or her rights to obtain benefits for the particular disability or illness at issue. If an applicant hasn't already obtained a Social Security Disability benefits advocate, then they are strongly urged to contact one before proceeding through the SSDI appeals process.
A reputable SSDI advocate will provide the following services:
- Advocacy — An advocate can tirelessly represent his or her client using a wealth of knowledge, expertise and experience.
- Gauging Success — An experienced advocate has handled thousands of claims. He or she develops an important understanding in how the SSA will handle a claim and what steps can be taken to give it a higher chance of approval.
- Assembling Convincing Evidence — A savvy advocate is aware of what evidence the SSA will regard highest in supporting a claim.
- Litigation Skills — Courtroom skills such as cross-examination can make the difference in a contested claim.
- Cost — Most Social Security Disability benefits advocates work on a contingency fee basis. This means you pay nothing unless you win your claim.
Remember, when the appeals process is exhausted your case is closed and your claim has been permanently denied. Appreciate the high stakes and contact an experienced advocate to improve your chances of obtaining SSD benefits.
