If your SSDI application isn't accepted right away, then you have the
right to appeal. You will need to submit this request in writing within
the 60 days that you receive your letter. Then you will be ready to start
the process and hopefully convince the SSA that you do in fact qualify
Tier 1: Reconsideration
A reconsideration is a complete review of the claim that you submitted
by someone who did not take part in the first decision to deny your claim.
The SSA will reconsider all evidence that you provided with the original
claim and any additional evidence that you have collected in recent weeks.
Most of the time, a reconsideration involves the review of an applicant's
files and you will not have to be present at the time of the reconsideration.
When you appeal a division that you are no longer eligible for SSA because
of recovery, then you may need to meet with the SSA to prove that you
are still disabled and want to continue receiving payments.
Tier 2: Hearing
If you disagree with the decision that was given at your reconsideration,
you can pursue a hearing with the SSA. This will be conducted by a judge
who had no part in the original decision or the reconsideration with our case.
Normally, the hearing will be held close to your home. An administrative
judge will send you a date and time to be at the court house. You will
want an SSDI lawyer at your side for this hearing, and will want to collect
any other evidence or witnesses to prove your qualifications. You may
want to bring medical experts who can vouch for you as well.
Tier 3: Appeals Council
If the hearing does not end in your favor, you can ask for a review by
the Social Security's Appeals Council. The Appeals Council looks at
all requests but can deny a request if it believes that the original decision
was correct. The appeals council may return you to a re-trial of your
hearing to review your case again in some situations.
Tier 4: Federal Court
After the appeals council, there is one final authority that you can go
to with concerns about your case. This is the federal court. You may file
a lawsuit with your federal district court and they will then review your case.
Hire an SSDI Attorney to Help You
If you would like to start the appeals process and are ready to start with
any of the tiers above, you will want a professional
SSDI attorney on your side. A lawyer at the Zendeh Del Law Firm, PLLC can help you with this