There are multiple steps in filing an appeal for a denial of benefits.
The process of filing for Social Security disability benefits can be long and frustrating, particularly if your initial claim is denied. However, a skilled Social Security disability attorney can help you appeal the denial of benefits — and get you on track to get you benefits as soon as possible.
The first step after your claim is denied is to request a hearing with an Administrative Law Judge (ALJ). This request should be filed as soon as possible after you receive a denial letter, as the entire process can take a considerable amount of time, and it is best to get things moving as quickly as possible. You often have the best chance of winning at the ALJ stage. Your Social Security disability attorney can request a hearing after receiving a Notice of Denial from the Social Security Administration. This request must be made within 60 days. At the hearing, you will have the opportunity to present all of your medical evidence to prove that you have a medical condition that limits your ability to work. You will also present evidence that proves that you cannot complete your past work or any other work. A vocational expert and a medical expert may testify on your behalf.
If the ALJ denies your appeal, the next step of the process begins. Your Social Security disability lawyer will file a Request for Review of a Hearing Decision with the Appeals Council. Again, this request must be filed within 60 days of the denial from the ALJ. The Council will review the ALJ’s decision to determine if the judge made any mistakes of fact or law in the decision. At this time, you will have the opportunity to submit new and material evidence, if available. There will not be a chance to give testimony before the Appeals Council; they will review the evidence in the file and the ALJ’s decision, along with any new evidence that you may have submitted. The Appeals Council will do one of three things at this stage: (1) deny the appeal completely; (2) reverse the ALJ’s decision and grant benefits; or (3) remand the case, which means that the ALJ will hold a new hearing with specific instructions from the Appeals Council.
Finally, if the Appeals Council also denies your benefits, then your Social Security disability lawyer may advise you to file an appeal with the local federal district court, which must be done within 60 days of the notice of denial. This appeal is filed in the form of a civil complaint, where you are the plaintiff and the defendant is the Social Security Administration (SSA). These cases are complicated, and require the assistance of an experienced Social Security disability lawyer to ensure that you follow the rules of court and that you present your case properly. As with the Appeals Council, the court can affirm the decision of the SSA and deny you benefits, reverse the decision of the SSA and grant you benefits, or send the case back to the Appeals Council or the ALJ with instructions for a new hearing.
If you are considering filing for Social Security disability benefits or have already been denied a claim for benefits, contact PLBH today at (800) 435-7542 or info@plblaw.com. Our attorneys are highly knowledgeable about all aspects of the Social Security process, from initial filing through appeals, and will work with you to put together a case for benefits. Initial consultations are always free!