Appealing a Decision That You're Not Disabled

Appealing a Decision That You're Not Disabled

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:

  • Reconsideration:
  • 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!