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The Four Tiers of Petition for SSDI Benefits

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 for benefits.

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 case today!

Categories: Disability