How to Appeal a Social Security Disability Denial

If an individual uses for Sociable Security disablement coverage and is denied there is an entreaties procedure they can through in order for reconsideration of their application.

If an individual wishings to appeal the Sociable Security Administration's determination regarding their application for disablement coverage they can do so, however they must make their petition in authorship within 60 years from the day of the month they received Sociable Security's denial letter. The Sociable Security Administration presumes that the individual have their missive five years after the day of the month posted on the letter, unless an individual tin show them they received it later. There are generally three or four degrees of appeals; the first beingness reconsideration, 2nd is a hearing by and administrative law judge, 3rd is a reappraisal by entreaties council and lastly is a federal tribunal review. When the Sociable Security Administration directs an individual their missive about their determination on their claim they give them instruction manual on how to appeal the decision.

The first degree of entreaties is reconsideration. Reconsideration is a complete reappraisal of the individual's application by person who didn't take topographic point in the first decision. The individual at the Sociable Security Administration reviewing the application will look at any grounds submitted when the original application was sent in and also any new evidence. Most of reconsideration reappraisals are done without the individual present, however if the individual is appealing a determination that they are no longer eligible for disablement coverage because their status have got improved, they can ran into with a Sociable Security representative to explicate to them why they believe they still have a disability.

The 2nd degree of entreaties is a hearing by an administrative law judge. If an individual differs with the reconsideration decision, they may inquire for a hearing. The administrative law justice conducting the hearing is one who had no portion in the first determination or the reconsideration determination in the individual's case. The hearing is held usually within 75 statute miles of the individual's home, and the administrative justice notifies the individual of the clip and topographic point of the hearing. The individual and their representative (if they have got got one) may come up to the hearing to explicate their lawsuit to the justice in person; they may look at the information in their data file and give any new information that they have. In order for the administrative law justice to do his/her determination they will oppugn the individual and their witnessers they convey to the hearing. Other witnessers such as as medical and vocational experts may also give the justice information at the hearing. The individual or representative then also may oppugn the witnesses. It is usually to the people advantage if they go to their hearing, however if they chose not to make so they must advise the Sociable Security Administration in authorship that they don't desire to attend. In some states of affairs they hearing may be held as a picture conference rather than in person. The individual volition be notified ahead of clip if this is the case. A picture conference is often more than convenient for the individual, it also is usually faster to schedule a picture conference than an in-person hearing. Lastly the picture conference may also do it closer to their place so it would do it easier for the individual to have got witnessers and others attach to them. Unless the administrative law justice believes that the individual presence is needed to do up one's mind the lawsuit he or she will make their determination based on all the information in the individual's case and that's including any new information. Lastly when the administrative law justice have reached their determination the individual volition be sent a missive and a transcript of the administrative law judge's decision.

The 3rd degree of entreaty in denial of Sociable Security disablement benefits is an entreaties council. This degree of entreaty haps when the individual doesn't hold with the hearing's determination they do inquire for a reappraisal by the Sociable Security's Appeals Council. The Appeals Council looks at all petitions for review, they can however deny a petition if they believe that the determination of the hearing was correct. If the Appeals Council make up one's minds to reexamine the individual's lawsuit it will either make up one's mind the people case itself or it will go back it to an administrative law justice for additional review. If the Appeals Council denies the people petition for a reappraisal they volition direct the individual a missive explaining the denial, if the Appeals Council do a determination on the lawsuit the individual volition be sent a transcript of the Appeals Council's decision, and lastly if the Appeals Council tax returns the lawsuit to an administrative law justice for additional reappraisal the individual will have a missive and a transcript of the order for additional reappraisal from the Appeals Council.

The last degree of entreaties is federal court. If the individual differs with the determination of the Appeals Council or the Appeals Council denied petition for a reappraisal of their case, the individual may register a law lawsuit in a federal territory court. The missive that the Sociable Security Administration directs to the individual explaining about the Appeals Council's action will also have got information regarding how to inquire a tribunal to look at the individual's case.

An individual may still be eligible to have disablement coverage while the Sociable Security Administration do a determination on their entreaty if, the individual is appealing a determination that they can no longer acquire Sociable Security disablement benefits because their medical status is not disabling or, if the individual is appealing the Sociable Security Administration's determination that they are no longer eligible for SSI payments or that their SSI payments may be reduced or suspended. If the individual wishings to go on receiving benefits they must advise the Sociable Security Administration within 10 years of receiving the administration's letter. If the people entreaty is turned down they might be required to pay back any money they were not eligible to receive.

An individual appealing a Sociable Security disablement denial have got the right to have a representative aid them in their entreaties process. The Sociable Security Administration offers free aid with the entreaties procedure however the individual may also choose to have got a lawyer, a friend or person else to assist them. The Sociable Security Administration will work with the people representative in all the stairway to appeal, the representative can move for the individual in most Sociable Security substances and will also have transcripts of any determinations made about the people claim. The representative however cannot cod any fees from the individual without anterior permission of the Sociable Security Administration. Rules about mental representation can be establish on the Sociable Security Administration's website. http://www.ssa.gov/pubs/10075.html

In order to reach the Sociable Security Administration for additional information regarding a denial of disablement coverage their website at www.ssa.gov is a very utile resource of information they also have got a figure of things the individual tin make online. The individual tin also reach the Sociable Security Administration directly by calling them at 1-800-772-1213.