Social Security Denial: Appealing a Denied Claim
There are many reasons why a person’s Social Security Disability (SSD) benefits or Social Security Income benefits can be denied. This can happen even if you were already approved to receive benefits. When receiving a notice for the denial of your benefits, you should know that you have the legal right to contest that decision.
In order to appeal the decision and to attempt to receive benefits, it is imperative that you carefully read and understand the instructions included in your notice. To give your appeal the best opportunity for success, speak to a qualified attorney who can guide you through the appeals process. A skilled Social Security disability attorney can help you understand why your application was denied, and what steps could benefit your specific appeal.
This article will cover some of the most common forms of appeals once a person has been denied Social Security benefits.
Appeal Method: Requesting a Reconsideration
Generally, most states will request that in order to begin the appeals process, you submit a petition to have the initial denial or the termination of benefits be reviewed once again. The following is a list of some of the states that do not require this:
- New York
- New Hampshire
Requesting a Reconsideration for the Original Petition
When you ask for a reconsideration, you are asking for a full review of the original claim. This review will be made not by the Disability Determination Service but will instead be performed by a medical examiner and medical consultant who have not been involved in the original decision. Those who were involved in the original decision are thereby barred from being involved in the reconsideration.
When receiving a denial notice, this notice will inform you about your right for an appeal as well as a specialized notice concerning your medical condition. Seek the advice and support of a skilled Social Security Disability attorney who could guide you through the process. With the help and support of an attorney, you will be able to file an appeal with the best evidence to support your claim.
After this first appeal, if you find that your petition was rejected once again, you could appeal the second decision as well. When appealing this decision, you will be requesting a hearing to present your case before an administrative law judge. This process will be highlighted in a later step.
Reconsideration of the Continuing Disability Claim
It is important to know that even if you have been approved to receive benefits, your application will continually be reviewed and reexamined. The Social Security Administration could end your benefits for several reasons. Some common reasons include:
- The conclusion that your health has improved, thus invalidating your need for disability benefits
- You did not cooperate fully with the process
If you have had your benefits terminated, you will need to petition for a reconsideration along with scheduling a hearing with a disability hearing officer. Before attending the hearing, however, your file will be reconsidered by a medical examiner and medical consultant. This could lead to a reverse in the denial, which will nullify your need to attend the hearing.
For a thorough insight on this appeals process, speak to a Social Security Disability attorney with the experience necessary who can guide you through the process.
Attending an Administrative Law Judge Hearing
If your request for a reconsideration for an initial petition or for continuing disability has been rejected, you do have the right to appeal the rejection. You may request to have your claim heard before an administrative law court judge. It is important to note that you only have 60 days from when the rejection was made to petition for a hearing. Administrative law court judges do not work as state court or federal judges do. These specific judges work for the Social Security Administration Office of Hearings Operations, and their work generally revolves around deciding if someone’s benefits should be terminated or permitted. Of the cases that are heard, about half of them will be approved to receive benefits. For more information regarding an administrative law judge, consult the advice of a qualified attorney.
Obtain Legal Support for Social Security Disability Benefits
If you have recently received a Social Security rejection notice or have otherwise had your benefits terminated, you should know that you have a legal right to dispute the rejection. The appeals process can be difficult, complex, and time-consuming. Seek the legal advice and support of an attorney who has the experience necessary to help you be approved for the benefits you need. Many applications are often rejected due to simple application mistakes. Others require more documentation and evidence of the extent of your health incapacity. A qualified Social Security attorney can guide you through the process of strengthening your application. If you lose your benefits, an attorney can help you determine the best options for your situation.