The Appeals Process
You must file an appeal from the first decision you receive from the SSA denying your claim. If you have been denied, you will receive a letter from the SSA stating why you have been denied. The date of the decision will be on the letter and you will receive it approximately 5 days after the date of the decision. You will have 60 days to file your appeal from the date you received the decision. If you miss this deadline, you will have to file a new claim.
Below, you will see the four levels of appeals you can file if you disagree with the decisions made in your case. Remember, approximately 70% of all claims are denied when first filed.
First Appeal Level: Request for Reconsideration
A Request for Reconsideration is a review of your claim by someone else in the SSA that did not take part in the first decision. The Social Security Administration will look at all evidence previously submitted by you and your attorney, plus any new evidence you wish to submit. You may also receive a denial of your claim for Social Security Disability or SSI after you have been approved for disability benefits. Usually this occurs when the Social Security Administration thinks that your medical condition has improved. When this happens, you have the right to ask for reconsideration. You do not need to be present for the Request for Reconsideration to be considered.
Second Appeal Level: Request for Hearing before an Administrative Law Judge
If you do not agree with the reconsideration decision, you may ask for a hearing. The hearing is conducted by someone who did not have any part in any previous decision or the reconsideration in your case. Approximately 4-5 months after your request for a hearing, you will be notified of the date, time and place of your hearing, and it is usually held within 75 miles of your home.
Before the hearing, the Social Security Administration may ask you to provide more evidence and to clarify information about your claim. At the hearing, the administrative law judge will ask you questions about why you have a need for disability benefits. They will also ask questions of any witnesses you bring. You or your attorney may also ask questions of any witness who testifies from SSA.
A decision will be made based upon all of the evidence that you and (or) your attorney present. You will receive a letter stating the judge's decision in about 3-4 months.
Third Appeal Level: Appeals Council
If you disagree with the decision at the hearing level, you may ask for a review by Social Security's Appeals Council. At this point, the appeals council will review your case. However, if it believes the decision made at the hearing level was correct, you would be denied again. If it believes that your case needs further review, they will return your case to an administrative law judge for further review.
If the Appeals Council denies your request for review, they will send you a letter (in about 90-120 days) explaining the denial. You will receive a copy of any decision made by the Appeals Council. If the Appeals Council returns your case to an administrative law judge, you will receive a copy of the decision.
The Final Appeal Level: Federal Court
If you disagree with the Appeals Councils decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court. The Appeals Council will send you a letter explaining how you should take further action.
How we can help you with your appeal
Our office can help you with your claim from the very beginning, especially at the appeals level. In order to have your evidence properly presented and stated in a way that the judges will understand why you need disability benefits, you need expert representation. If you seek representation before a decision is made in your case, we will receive a copy of all correspondence that you received, and we can take the appropriate actions for you.