Social Security Appeals Process
What Can You Expect?
Usually, you will have 60 days to file your appeal. The clock starts on this time frame 5 days after the date of the letter you received denying your benefit request. The forms are available online for your appeal for appeals on disability and supplemental security income.
There are four levels of appeal consisting of reconsideration, hearing by administrative law judge, appeals council, and then the last being a federal court review.
The reconsideration step is essentially a re-review of your claim by a person not involved during the initial review. New evidence can be provided to the social security office for your reconsideration. You do not need to be present during the reconsideration step.
If the reconsideration is not successful, you can request a hearing. It is usually held within 75 miles of the claimant’s home. An administrative law judge will preside over the hearing. Social security may request that you provide additional evidence or clarify any issues.
During the hearing you may be questioned by the judge. You can present additional evidence regarding your case, and have witnesses testify. You can also be represented and have your attorney or representative present at the hearing.
A video hearing in a location closer to your home can be arranged to make it easier for you. If you choose not to attend or cannot attend, you must notify the social security as soon as possible providing the reason you cannot attend the hearing.
After the hearing, you will receive a letter outlining the judge’s decision.
Social Security AppealsIf you do not agree with the judge’s decision, you can request a review by the social security’s appeals council. If the council believes that the judge’s decision was correct, they will let it stand.
If you disagree with the appeals council, you can file a lawsuit with the Federal District Court.
The appeal process is long and requires a knowledge of the law, and of how social security works.
Kenneth G. Marks Law Firm
If you have been denied disability or SSI benefits, social security has established a very lengthy appeal process. Many of the initial applications for benefits are denied by social security due to simple questions being misunderstood by the applicant.
Our office has the knowledge and experience to represent your interests, and we will fight for your benefits.