America continues to thrive because of hard-working individuals. It becomes overwhelmingly frustrating when a hard-working American legally eligible for social security disability benefits is denied their benefits. If your application is denied, what can you do to ensure you get your benefits? You can contact a social security disability attorney to help you file a social security disability appeal.
Filing a Social Security Disablity Appeal
With the right assistance, you can appeal the initial decision of the Socia Security Disability. When can you appeal? How do you appeal? And how can you increase your chances of success?
At what point do you appeal?
You can only appeal within 60 days of the initial decision by the Commissioner. You must appeal the decision within the stipulated time frame of 60 days or you will have to start the entire process again.
The appeal process
Step 1: Reconsideration
After you appeal your inital denial, your case is reviewed by a different person from the one who made the initial decision. At this point, the initial decision may be reversed or upheld. If it is reversed, you will get your deserved disability benefits. If it is upheld, you will now proceed to the second step.
NOTE: Keep detailed records of all correspondence and evidence related to your case throughout the process. This will help you keep track of the progress of your case and make it easier to present your case to the ALJ and/or Appeals Council.
Step2: Request a hearing
If your reconsideration request is denied, you request a hearing with an administrative law judge (ALJ). This hearing allows you to present additional evidence and testimony supporting your claim. At this point, you should have hired a disability attorney to advise and represent you during the hearing. After the hearing, the ALJ will decide on your case.
Step 3: Review of the Decision by the Social Security Administration’s Appeals Council.
If the ALJ denies your claim, you can request a review by the Social Security Administration’s Appeals Council. The Appeals Council can either deny your request for review or send your case back to the ALJ for further review.
Step 4: File a Federal Law Suit
If the Appeals Council denies your request for review then your final remedy is to file a lawsuit in a federal district court. This is the final step in the social security disability appeal process.
NOTE: Keep detailed records of all correspondence and evidence related to your case throughout the process. This will help you keep track of the progress of your case and make it easier to present your case to the ALJ or Appeals Council.
How can you increase your chances of success?
Hiring an social security disability attorney is the best way to ensure success in such cases. At Burnside Law Firm, we work to ensure American workers can provide for their families. We will assist you throughout the disability claims process by ensuring you gather the necessary medical evidence to support your claim. We can also help you prepare adequately for the hearings. Contact us for a FREE CONSULTATION on our official number (803) 619-5430
