When you have applied for Social Security Disability and your claim has been rejected, you may find yourself feeling down and defeated. While it is completely understandable that you feel frustrated with the situation, you should not give up hope on your claim just yet. Social Security Disability has an appeals process that you can and should go through to try to get your claim approved. Get to know more about this appeals process as well as what you should do. Then, you can be sure you are doing everything you can to get your disability claim approved.
Be Quick to File the Request for Reconsideration
Social Security Disability has strict rules about how long you can wait to file an appeal to the initial decision regarding your disability claim. In the case of the initial appeal, that timeframe is 60 days. This first appeal you can file is known as the request for reconsideration.
When you submit the request for reconsideration, your claim will go back to the same Social Security office that handled your claim the first time. However, you will have a different individual person (known as an examiner) looking at your case.
If you have additional or updated information when you file your request for reconsideration, be sure to send that in to the office reviewing your claim. The request for reconsideration can take as long as the initial application to be processed.
Do Not Give Up If Your Request Is Denied
Statistically, most of the requests for reconsideration submitted to Social Security Disability are denied as well. The good news is that there is a next step. The next appeals step is to ask for a hearing. A hearing is a court appearance in front of a judge.
This hearing essentially elevates your claim away from claims examiners and allows a judge to consider all of your documentation and determine whether or not you should qualify for disability. At this stage of the disability process, an attorney can and should be hired to help you out.
Appearing before a judge can be intimidating for one thing, and for another, you may not know exactly what documentation or how much documentation is necessary to convince the judge to approve your claim. A lawyer will help you build your case to present to the judge and will be there with you at the hearing.
There Are Still Two More Appeals Options
If you are again denied at the hearing stage, there are still two options available to you in the appeals process. The first of these is to appear before an Appeals Council. The Appeals Council will review the hearing and determine whether the law was followed in the hearing process.
And finally, if your Appeals Court appeal is denied, then you have the option of going to federal court. This is the most complicated stage of the Social Security Disability appeals process and should not even be attempted without the help of a seasoned attorney. The process of filing the appeal with the federal court, the filing fee, and everything else that goes into pursuing a federal court case is tough. But if you have reached this stage of the Social Security Disability appeals process, you should go for it. You may just get your Social Security benefits because of it.
Knowing these facts about the Social Security Disability appeals process, you can be better prepared for what is to come and hire yourself a Social Security representative as soon as possible.