The chances of becoming disabled and unable to work are greater than you may think. According to the Social Security Administration (SSA), a 20-year-old worker has a 25% probability of becoming disabled before being old enough to collect retirement benefits. The fact that the SSA approves only one-third of the applications for Social Security Disability Insurance makes the right to appeal SSDI decisions of critical importance.
You have four opportunities to file an appeal to challenge a denial of benefits or other adverse decisions by the SSA affecting your right to benefits through the SSDI program. Many people successfully appeal and win the benefits denied to them, but you must comply with a strict time limit to appeal SSDI determinations.
The SSA Disability Appeals Process
If you receive a letter denying your claim for disability benefits, giving up may be the first thought that comes to mind. Instead of allowing frustration to stand in the way of taking advantage of an opportunity for a Social Security denial appeal, contact the disability lawyers at Sackett and Associates. An experienced and knowledgeable disability professional evaluates your claim and its outcome to determine how best to challenge the adverse decision by the SSA.
The appeals process consists of four levels:
- Reconsideration
- Hearing with an Administrative Law Judge
- Appeals Council review
- Review by a federal court judge
Reconsideration, the first level of the process, is a complete review of your claim for SSDI by someone who did not participate in the initial review. As with all levels of the appeal process, the SSDI reconsideration period is limited, so you must act quickly by contacting your disability lawyer.
Your disability lawyer may submit new evidence, such as updated medical records, to be looked at by the new examiner to determine whether the original decision should change or remain the same. Reconsider can result in the original determination being unchanged, but it also can lead to a favorable outcome.
An unfavorable decision after reconsideration may be appealed to the hearing level. An administrative law judge presides over the hearing. The judge reviews records of the initial application review process, the reconsideration, and new evidence presented by your disability lawyer.
The judge at the hearing level may use medical and vocational experts to provide evidence to help decide whether to change the original determination made on your claim. Your lawyer can question the experts and offer evidence, including your testimony, supporting your claim.
An unfavorable decision at the hearing level may be appealed to the Appeals Council. If it grants review of your case, the Appeals Council considers all issues raised and considered at the hearing level, even issues the judge decided in your favor.
The options available to the Appeals Council include the following:
- It can agree with the decision made by the administrative law judge and deny your request for review.
- It may refer the case back to the hearing level for further review by the judge.
- It may decide the case in your favor without referring it back to the hearing level.
An unfavorable Appeals Court decision may be challenged by starting a civil lawsuit in a Federal district court seeking review of the claim and the decisions made by the SSA.
Time Limit To Appeal An SSDI Denial
The time to request an appeal at any level of the appeals process is generally 60 days after you receive the notice of the decision you want to challenge. You need to remember that the date of receipt of a notice may not be what you think.
The SSA assumes that letters and notices it sends you are received within five days after the date appearing on the letter. If you go by the date it arrives in your mailbox as your final date to appeal a decision, you could lose your right to appeal unless it falls on a weekend or national holiday. If it does, you get an extension until the next business day.
If you miss a deadline, you may request an extension. The written request must state good cause for missing the deadline, but it’s up to the SSA whether to grant it. The best way to avoid losing the right to appeal is by contacting Sackett Law as soon as you receive a decision about your claim.
Contact Sackett Law For Assistance With SSDI Appeals
A denial of a claim for SSDI benefits can be devastating, but many people succeed in winning benefits through the appeal process. You have too much at stake to risk missing a time limit to appeal SSDI, so do yourself a favor by contacting Sackett and Associates for a free consultation and claim evaluation. Learn how the disability professionals at Sackett Law have been representing people with disability claims throughout Northern California and across the country for more than 45 years.
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