If you have a disability that has made it impossible to engage in any meaningful
work activities, then it is very important that you secure
Social Security Disability benefits.
It is common knowledge that not only can it take a while to get an SSD
application approved, but if the paperwork is not presented correctly
or filed in accordance with the Social Security Administration’s
guidelines, an application can be denied.
When you cannot work, having your much needed SSD benefits denied can present
undue stresses, specifically financial strain.
The Social Security Administration wants to ensure that decisions about
disabled workers’ SSD application are correct. That said, when the
Social Security makes an adverse decision about your claim, if you do
not agree with their decision, you have the right to appeal – that
is to have them look at your case again. This must be done within 60 days
of receiving their denial letter.
When you’re asking Social Security for an appeal, they shall look
at the decision, including parts which are in your favor. If they can
be convinced that their decision is wrong, they will change it.
Filing an Appeal with Social Security
If you apply for Social Security Disability benefits and they deny your
claim, you can file an appeal right away. There are four levels involved
in the appeal process, including:
- A hearing before an administrative law judge;
- A review by the Appeals Council; and
- The Federal Court review.
The reconsideration consists of a complete review of your claim by someone
who was not involved in the first decision. Generally, a reconsideration
involves a review of your files.
If you are not satisfied with the reconsideration decision, you have the
right to a hearing, which will be conducted by an administrative law review
judge who was not involved in the first decision, or the reconsideration
phase of your case.
If you don’t agree with the hearing decision, you may seek a review
by Social Security’s Appeals Council, however, the Council may deny
a request if it agrees with the hearing judge’s decision. If it
decides to hear your case, it will either make a decision or forward your
case to an administrative law judge.
If you do not agree with the Appeals Council’s decision, your next
option is to file a lawsuit in federal district court.
Contact a Dallas Social Security Disability Attorney
The appeals process is complex; therefore, it is best if you are represented by a
Dallas Social Security Disability lawyer from the Zendeh Del Law Firm, PLLC. To find out what we can do to help your
case, give us a call today!