How To Appeal A SSI Disability Case By Matt Berry At Isnare.com Ezine Articles

Have you been denied SSI Disability benefits? Did you know that most people who apply for Social Security Disability benefits are initially turned down? However, the Social Security Administration has an appeals process. With the help of a Social Security disability lawyer, you can repeal the decision and have your case reviewed.

What is the First Step to Appeal SSI Disability?

Once you have received your decision from the SSA, the next step is to file a Request for Reconsideration. This appeal must be filed within 60 days of the date on the SSI Disability application denial.

If you were denied Social Security disability benefits during the application process, you may very likely be denied benefits during the reconsideration process. If this happens, don’t be discouraged! Reconsiderations are done by the same state agency that denied your first application, so odds are they will deny it again. After reconsideration, take your appeal to the next step.

Hearing before an Administrative Law Judge:

After denial of your claim at the Reconsideration level, you may request a hearing with an Administrative Law Judge (ALJ). At this step of the appeal process, the ALJ is not bound by prior decisions. At this level, you are more likely to win Social Security Disability benefits. Unfortunately, the wait-time for a hearing can range from 6 months to more than 2 years.

- Tip: Before the hearing, make sure you have documentation of your medical condition, work history and doctors visits. You want to have as much evidence as possible to support your claim.

Contacting a SSI Disability Lawyer:

It is suggested that you have a SSI disability lawyer or a Social Security disability attorney represent you at your hearing. He or she will be familiar with Social Security disability procedures and administrative hearings. Having a Social Security disability lawyer can make the difference between winning your case and losing it. People that are represented by attorneys during the appeals process are approved at much higher rates than people who are not represented by the attorney.

- Tip: Most SSI disability lawyers will not charge a fee for handling your Social Security Disability claim unless you win. Remember to double check to see if the attorney fees of the SSI Disability lawyer you are considering.

Appeals Council:

If you disagree with your hearing decision, you may ask for review by Social Security’s Appeals Council. If the Appeals Council decides to review your case, they will either decide your case themselves or return the case to an Administrative Law Judge for further review.

Federal Court:

If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

Final Recommendations to Appeal Social Security Disability:

The appeal process for Social Security Disability benefits can be long and difficult. However, having a disability lawyer by your side can be greatly beneficial. The laws and regulations to appeal Social Security disability benefits are complex and specific. A Social Security disability lawyer will be able to explain the appeal process and assist you in winning your case.

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