If I am Denied, How Can I Appeal?
If your application is denied you can choose to appeal this decision. There are three stages of the appeals process:
• Hearing before an administrative law judge
• Review by the appeals council
Many assume that the best course of action is to re-apply for disability benefits and start the application process again, but applying with the same information a second time will result in another denial, no matter how many times you reapply. Your best chance of receiving Social Security Disability benefits after you have been denied during the initial stage, is to file for a reconsideration appeal with the Social Security Administration (SSA).
If you choose to do so you must file for reconsideration within 60 days of receiving your notice of denial. If this time frame is not met, then you will be forced to start the initial application process again.
It should be noted that the same rules apply for the reconsideration process as for the initial application, for that reason many applications are denied benefits at this stage too. Unless vital information was previously left out and is now coming to light, you may be denied benefits for a second time.
How To Handle The Reconsideration Process
The outcome of your reconsideration process relies on the sharing of any and all new and updated information regarding doctors visits, new treatments undergone, and work activity. It can also be helpful to review your initial application as many applicants have discovered at this reconsideration stage that vital information was left out of their initial claim. Submitting this information at the reconsideration stage can be the difference between a speedy approval, and needing further appeals proceedings.
While you technically have 60 days to submit your request for reconsideration, you should submit it as soon as possible. The longer you wait to submit the application, the longer it will take to receive a decision. You are not required to have an attorney at this time, but it does significantly increase your chances to have a Social Security Disability lawyer assist you at this stage.
Once the SSA have reached a decision reagarding your reconsideration application, you will receive a written notification in the mail. This notification will give you the reason for their decision of approval or denial, and it is important to keep this in mind, if you do infact receive a second denial and wish to take the next step in the appeals process.
The next step in the appeals process is to take your case before an administrative law judge and to hold an appeal hearing. It is at this stage that a representative disability attorney may be the most helpful and where appropriate representation could make all the difference. It is crucial to arrive on time and not miss your hearing, as this will result in an automatic denial of your claim. Information that you wish t be considered by the judge must be submitted prior to the hearing.
If you need help with your Social Security Disability claim, contact the Professional Social Security Disability Lawyers at Bill Hotz and Associates today! Call 865-637-9000 or contact us online