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In order to appeal a denial of disability benefits you will need to fill out the required Social Security Disability Appeal form.
Since Social Security Disability applicants only have 60 days after receiving a denial letter to appeal, you should complete the Social Security Disability Appeal form immediately.
If you are denied Social Security Disability Benefits, then you may have to appeal several times. A denial can occur at Intake, Reconsideration, Administrative Law Hearing and Appeals Council. Social Security requires the completion of a Social Security Disability Appeal form each time. The final appeal requires the filing of a federal court complaint.
The first denial will happen after the Intake process. If you are denied, then you should file your appeal on-line by clicking Social Security Disability On-line Appeal. It will typically take you about 40-60 minutes to complete the Social Security Disability Appeal Form. Once you have completed the appeal you are then at Reconsideration.
During Reconsideration, Social Security will review your file a second time to determine if you are disabled under their guidelines. Social Security may ask additional questions about your medical conditions or order more records. Social Security may also request a medical or mental health evaluation from you. This review process normally takes 3-6 months to complete.
You should submit another appeal if you are denied after Reconsideration. Click: Social Security Disability On-line Appeal to submit your Social Security Disability Form on-line.
Once you have submitted the additional appeal, Social Security will schedule a hearing. This hearing is called an Administrative Law Judge hearing. You and your lawyer will attend the hearing. The Administrative Judge will ask questions directly to you.
During the hearing, you will testify under oath and an audio recording is made. The testimony includes you and typically a vocational expert. The vocational expert is given access to your file and is familiar with your education, prior job history, and your medical limitations. This expert will testify if there are any jobs considering your disabilities. The testimony lasts about 1 hour.
If you are denied after the Administrative Law Judge hearing, then the next appeal is to the Appeals Council. At Appeals Council, the denial of the Administrative Law Judge is reviewed. The Appeals Council will review the medical and vocational exhibits from the Administrative Law Judge hearing. They will listen to the audio from the hearing and review the written decision of the Administrative Law Judge.
Click to submit an appeal for an: Appeals Council Request for Review.
If the Appeals Council denies your disability application, then you must file a complaint in federal court to appeal further. When you file a complaint you must send Social Security Disability copies of the complaint. Mail your copies by certified or registered mail to the Social Security Administration’s Office of the General Counsel.
You may feel overwhelmed and stressed without income, but you should appeal your social security denial.
Hire a social security disability attorney for help.