You Have a Right to Question the SSA’s Decision on Your SSDI Claim

When you apply for benefits through the Social Security Disability Insurance (SSDI) program, or you submit documentation to the Social Security Administration (SSA) as part of a periodic review of benefits, and your benefits are denied, you should know that you have a right to question the decision the SSA’s decision. In other words, if you are denied benefits upon your initial application, or told that you no longer qualify for SSDI benefits after a review, you have the right to question the decision and options for appeal.

What can you do if you are denied SSDI benefits? It is important to know the different levels of appeal and to seek advice from a national disability benefits attorney who can assist you with your case. In the meantime, we can tell you more about the different stages of appeal and when you will need to file your appeal in order to remain eligible for benefits.

Levels of Appeal 

You have a right to question the SSA’s decision concerning your disability benefits, and there are four levels of appeal through which you can do that. Those levels of appeal include the following:

• Reconsideration: This is the first level of appeal, and seeking a reconsideration is what you should do first when you have been denied benefits. In a reconsideration, a new person (i.e., someone who did not review your application the first time) will do a new and complete review of your application, including any additional information that you supply. Your reconsideration will need to be filed either as a medical reconsideration (if you were denied for medical reasons) or a nonmedication reconsideration.
• Hearing: The second level of review is a hearing by an administrative law judge, or ALJ for short. If you are denied benefits upon reconsideration, you can request a hearing by an ALJ who will review all of the evidence in your case. This is like going to court and having a judge hear the case and issue a decision.
• Appeals Council: The third level of review is a review by the Appeals Council. You will only get to the third level if the ALJ denies benefits at your hearing. You must request a review by the Appeals Council, and they can agree to consider your case or deny the review.
• Federal Court: The fourth and final level of review occurs by filing a claim in federal court. You will only reach this level if you disagree with the outcome of the Appeals Council review.

When and How to Appeal 

Most appeals must be made within 60 days from the date that you receive a decision — for all levels of review. To continue receiving benefits for the review period when you are denied for medical reasons, you will need to appeal within 10 days of the date of receiving the SSA’s decision.

The matter of how to appeal will depend on the level of review. You should discuss the details with a lawyer as soon as possible.

Contact a National SSDI Benefits Attorney for Assistance 

Were you denied Social Security disability benefits? If so, you have a right to question the SSA’s decision and options to appeal. One of the experienced national SSDI benefits lawyers at the Law Offices of Stephen Barszcz can speak with you to learn more about your situation and to assist you as you appeal the SSA’s decision. From a request for reconsideration all the way through a federal court review, our firm is here to help you obtain the Social Security disability benefits you need. Contact us today to learn more about your options and to discuss your case.

Source:

ssa.gov/pubs/EN-05-10058.pdf