Steps Involved When Appealing For Social Security Disability
Social Security Disability benefits apply to people with severe impairments that could last more than 12 months or lead to death. These impairments prevent a person from working or substantial gainful activity (SGA).
One of the main reasons people are denied SSD benefits is because they were found capable of performing another job other than their former occupation. There are many reasons your SSD benefits may be denied; therefore, you should consult a Social Security Disability attorney to help with your appeal. Here are some steps involved in an appeal.
Request for Reconsideration
The first step your Social Security Disability attorney will take when appealing your case is to request reconsideration. This is a plea for someone at the Disability Determination Services (DDS) to review your case and determine whether there are any errors or omissions.
Your attorney may provide additional information to support your application at this stage. In some cases, denials are caused by insufficient evidence. Therefore, this will be a chance to prove your eligibility.
Request for a Hearing
If you aren't satisfied with the decision of the DDS reviewer, your Social Security Disability attorney can take your case to a judge. Your attorney will request a hearing to review your case. After you request a hearing, you will receive details on when your hearing is scheduled and the hearing process. If you aren't lucky and your application is denied, your attorney will have to refer your case to the appeals council 60 days from the failed hearing.
Appeals Council Review
Your last chance at getting Social Security Disability benefits after a denial lies with the appeals council. Unlike the request for reconsideration and the request for a hearing, there is nothing you have to prove at this stage. No new hearing will be granted.
Instead, the appeals council will go through all the prior decisions to determine if there is any mistake or oversight. The appeals council may reject the previous ruling and approve your claim or uphold the judge's ruling. Also, they may deny your request for a review and send your case back to an administrative law judge for another review.
In Closing
It can be stressful and challenging to make ends meet when you are struggling with a disability. This is the reason the government provides SSD benefits. However, before you make an application, make sure you meet the required criteria. Consult a Social Security Disability attorney for assistance in claiming SSD benefits.
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