What Happens in an Appeal of a Denied Social Security Disability Claim?

 Posted on July 22, 2021 in Social Security disability

If you have a physical or mental condition that has prevented you from being able to work and earn enough income to support yourself, you may qualify for disability benefits through Social Security. However, even if your condition has clearly affected you to the point where you have been unable to maintain gainful employment for over a year, Social Security may choose to deny your application for disability benefits. In these cases, you can appeal a denied claim, and you will need to understand the specific steps that will be followed during this process. By working with an attorney who is experienced in Social Security disability cases, you can make sure you are providing the right information and making the correct arguments to demonstrate that you are disabled and require Social Security benefits to meet your needs.

Steps in a Social Security Disability Appeal

The Social Security Administration will make an initial determination following your application for benefits, and you can appeal any of the findings in this determination, including whether you are eligible for benefits or the amount of benefits you should receive. The appeals process will proceed through the following steps:

• Request for reconsideration - A written request to reconsider the denial of an application or any other findings in an initial determination must be filed within 60 days after you receive written notice of the determination. Your claim will be reviewed by a person who was not involved in making the initial determination, and you may be able to work directly with this person to address the issues that were raised. If necessary, new evidence can be submitted related to medical evaluations or non-medical issues.
• Administrative hearing - If you do not agree with the determination made following reconsideration, you must request a hearing with an administrative law judge (ALJ) within 60 days after receiving notice of the reconsideration determination. At your hearing, the ALJ will consider evidence provided by you and the Social Security Administration, as well as testimony from witnesses such as medical or vocational experts. The ALJ will issue a decision determining whether you are considered disabled and eligible for Social Security benefits.
• Review by Appeals Council - If you disagree with the decisions made by an ALJ, you must request a review within 60 days after you were notified of the hearing decision. If the Appeals Council grants the request for review, it will usually look at whether the ALJ made any errors when considering your case, although it may consider new evidence in some circumstances. The Appeals Council may decide whether to grant or deny benefits, or it may remand the case for a new hearing to address any issues that were not handled properly in your initial hearing.
• Civil action in federal court - If the Appeals Council denied your request for review or issued an unfavorable decision, you must file an appeal in federal court within 60 days after receiving notice of the Appeals Council’s decision. During an appeal, a federal judge will review your case to determine whether the ALJ made any errors, and they may award benefits to you, dismiss your case, or order that a new administrative hearing be held.

Contact Our Milwaukee County Social Security Disability Appeals Lawyer

If your Social Security disability claim has been denied, Attorney Jonathan Pearson can make sure you complete all the necessary steps to appeal this decision. He will fight to make sure you will be able to receive the benefits you need and deserve. Contact our Milwaukee Social Security disability attorney by calling 414-240-4801 to arrange a free consultation today.

Sources:

https://www.ssa.gov/ssi/text-appeals-ussi.htm

https://www.ssa.gov/benefits/disability/appeal.html?