Learning the Ss Appeals Process Following Disability Denial by Ssa

Problems with the government safety net continue to worsen, as Disability Denial by SSA has escalated, even up until now. This has been an issue for years, and absolutely is a nationwide problem. As the conditions continuously worsened, I can fairly say that this is somewhat a settled fact, and is something not new, really.

It is a hard fact for all Americans that SSA local offices routinely deny disability claims. This had brought discouragement to claimants from pushing through with their disability claims and their pursuit for reconsideration and appeal of their claims.

However, hard as it may, I urged the claimants not to be discouraged and feel low, but instead, they should be persistent and exhibit unrelenting vigor in pursuing their disability benefit claims until they get what they deserved. This is not only ideal but also good advances for them.

With these concerns, I prepared concise information and helpful tips about the Social Security Appeals Process, intended as a guide for all those suffering from Disability Denial by SSA.

Though it cannot be overemphasized, but this is something worth stressing, that it is wise to hire a representative when applying for Social Security disability benefits either at initial application or in pursuing an appeal. This is so, given the complexities involved in the claim process. A Social Security Lawyer to be precise can be a good sense in this dealing. They must be wage at the soonest time possible.

Early utilization of a Lawyer representation will help you to begin the process on the right foot, and when your claim was on appeal, can help to avoid lengthy delays of your claim.

Going back to the discussion, here are some of the pertinent information respecting the Social Security Appeals Process.

The Social Security Administration disability benefits, composition

The SSA administers two types of disability programs, that is,

• Social Security Disability (SSD) and

• Supplemental Security Income (SSI)

Though there are varying requirements imposed under either the two programs, both are programs that is designed and intended to provide a monthly benefit to persons who are still of working age but unable to work due to physical and/or mental conditions and impairments.

The Social Security Appeals Process, Proper

After your claim was denied, you have the right to appeal the denial of your claim. If you wage an appeal, you must make a request in writing within 60 days from the date you received the Social Security’s denial letter. Here is the catch: the SSA assumes that you receive their letter five days after the date posted on the letter, unless an individual can show them they received it later. Thus, it is necessary that you act promptly, as soon as you receive the letter of denial.

There are generally four levels of appeals, they are:

• Reconsideration

• Hearing by an administrative law judge

• Review by appeals council (Arlington, Virginia)

• Federal court review

To have a better view of these appeal levels, a brief discussion is worthwhile, thus:

Reconsideration

Reconsideration is a complete review of the individual’s application by someone who did not take place in the first decision. The designated officer of the SSA tasked to review your application will look all the evidence submitted when the original application was sent in and plus any new evidence.

Your presence in the reconsideration reviews is mostly not required. However, when you appeal a decision that you are no longer eligible for disability insurance because your condition has improved, you can meet with a Social Security representative to discuss your case and explain why you believe you still have a disability.

Hearing by an administrative law judge

If you disagree with the reconsideration decision, you can ask for a hearing. The hearing will be conducted by an impartial administrative law judge, meaning, one who had not taken part in the first decision or the reconsideration of your case.

The administrative law judge will notify you of the time and place of the hearing. Mostly the hearing is usually held within 75 miles of your home.

You and your representative Attorney (a must, I say), may come to the hearing and explain your case in person. At this point, you may give new matters or information to the ALJ. You can bring your witnesses in the hearing, including medical and vocational experts, but subject to questioning by the judge, or your counsel.

It would work to your advantage if you attend the hearing, however if you chose not to do so, you must notify the SSA in writing with reasons. Unless the ALJ believes your presence is needed to decide the case, the judge will make a decision based on all the information in your case, including any new information given.

After the hearing, when the administrative law judge has reached their decision, the SSA will send you a letter and a copy of the administrative law judge's decision.

Review by appeals council (Arlington, Virginia)

If you disagree with the hearing decision, you can ask for a review by the Social Security's Appeals Council. The SS Appeals Council looks at all requests for review. In their discretion following the guidelines, it can deny a request if it believes the hearing decision was correct.

However, if the Appeals Council finds merit to your case and decides to review the same, it will either decide your case itself or return it to an administrative law judge for further review.

Whether your case was denied, or taken cognizance of either by the Appeals council or by the ALJ, you will receive a letter and a copy of the Appeals Council's decision or order.

Federal court review

If you disagree with the decision of the Appeals Council or if the Appeals Council denies reviewing your case, you may file a lawsuit in a federal district court.

At this stage, you can ask the SSA for continuation of your benefits while the Social Security Administration makes a decision on their appeal. For this course, you must notify the SSA within 10 days of the date you receive the administration’s letter. If your appeal is turned down, you may be required to pay back any money you were not supposed or eligible to receive to the SSA.

To cap things, after experiencing disability denials, you must take the necessary advances to forward your application. Take this article as your guide, especially in facing with your new hurdles in the Social Security Appeal pursuit.

To help you with issues regarding disability claims and benefits, you can consult with our experienced social security lawyers. You can log on to our website and avail of our free case analysis.