If you have recently been disabled, and concerned about your financial well-being. Social Security Disability is designed to help those who are unable to work due to a disabling disease or injury meet their financial obligations. Payments may be made to you or to a family member, depending on the disability. Unfortunately, only one-third of Social Security disability claims are approved with the initial application. If you’re denied disability benefits, there are steps you can take that may result in an approval of your claim.
Appeal the Decision
The first step you should take is to file an appeal. You must file the appeal within 60 days of the date you receive the denial letter. The Social Security Administration assumes that you received the letter five days after it was mailed, so the appeal must be filed at least 65 days from the date of the letter. If the appeal was denied for a medical reason, you may file the appeal online.
Reconsideration of the Decision
The first thing that happens when you file an appeal is what is known as reconsideration. The information is reviewed by someone who did not take part in the initial review. Any new evidence should be included with the appeal so the review can look over all evidence supporting your claim. In most cases, reconsideration does not require you to be present, but if you are rejected on the grounds that you have recovered from your disability, you may need to meet with a representative and provide further proof.
Hearing Before Administrative Judge
If the reconsideration still determines you are not eligible for disability, you may request for a hearing before an administrative judge who had no part in the initial decision or the reconsideration. The hearing will be held within 75 miles of your home and the judge will notify you of the date and time of the hearing. You may need to provide additional evidence or clarify information included in your claim. At the hearing, you may call additional witnesses. You may also choose to have an attorney present who may question the witnesses as well. In some instances, the hearing is held by video conference rather than in person. If you cannot attend the hearing, or do not wish to do so, you must notify the Social Security Administration in writing and provide a valid reason for not attending the hearing.
Appeals Council
If the hearing before the administrative judge still determines that you are not eligible for disability, you may request a hearing with the Appeals Council. The Appeals Council may deny the request for a hearing outright if it feels the administrative hearing decision was appropriate. If the Appeals Council does review your case, they will make a decision outright or return it to the administrative judge for further review.
If, after all appeals with the Social Security Administration have been exhausted, you still feel the decision is incorrect, you may file a lawsuit in federal court. If you file an appeal based on a denial that says your disability is not severe enough or that your payments should be reduced or suspended, you can request for the payments to continue through the appeal process within ten days of the date the denial letter was received. If your appeal is denied, however, you may have to refund all monies paid during the appeal process.
