Tips on Making an Appeal after Being Denied with SSD Benefits

Many Social Security applicants were denied their claims due to various reasons: some have fraudulent claims, others failed to prove that their disability is severe, while some did not bother to make an appeal.



While it is not unlikely to be denied with Social Security Disability (SSD) benefits, applicants are given four chances to make an appeal which may overturn a decision that tells them they are not qualified to receive assistance from the government.



FOUR LEVELS OF APPEAL



• Reconsideration



In this process, applicants can ask the Social Security Administration (SSA) to review their case and can send new supporting documents and medical records that will prove they are eligible to receive claims.



The decision in reconsideration process will be made by an SSA employee who is not part of the initial decision.



• Hearing



If applicants are denied again during the reconsideration process, they can ask for a hearing. During this proceeding, they can present professional witnesses such as doctors and nurses who can tell to the administrative judge about the disability of the petitioners.



• Appeals Council



If applicants are denied with their claims during the hearing, they can ask the appeals council to review their cases again.

Petitioners can expect three things during this process: 1.) The appeals council may return the case to the administrative judge and ask him again to review the case. 2.) They may refuse to review the case. 3.) They may decide on the case.



• Federal court



If the appeals council denies the applicants with their claims, they can file a lawsuit before a federal court.



For those who are concerned that they lack resources, there are Social Security lawyers who agree to contingency fee which is a payment agreement in wherein the clients will not pay the legal fees if they do not win in the court.



TIPS ON MAKING AN APPEAL



Some applicants, even if their condition makes them qualified for SSD benefits, were denied with claims for failing to show relevant documents to prove their disability. To avoid this, here are some of the most important things an applicant should do.



• If they want to have a legal representative, they should immediately hire one to prevent delay. According to SSA, rescheduling a hearing usually takes two to three months, thus prolonging the waiting period.



• Do not cancel a hearing, unless it is necessary. Doing so will only delay the whole process.



• Make sure to submit new medical records and supporting documents that will make applicants eligible beneficiaries. If possible, do this in advance since some administrative judges make decisions based on these documents even before a hearing proceeds.



• If applicants move to another address, they should immediately notify the agency.





To pursue claims for SSD benefits, seek advice from our expert social security law attorneys. Visit our website and dial our toll free number for legal assistance.