Filing an Appeal for Social Security

If Social Security prevents you want or stop your benefits for some reason you have the right to file an appeal. What kind of application you file depends on where you are in the appeals process and what state you live in.

The appeal for Social Security is relatively straightforward. Process for application Reconsideration, said, Appeals Council, and the court. If you have a disability or SSI claim was initially denied by the state, the first step is called Reconsideration.

Request for Reconsideration

Reconsideration means that your claim has been returned to the state disability agency that rejected the claim for reevaluation. Your claim will be assigned to a different point that has nothing to do with the original decision. The state will cancel all the medical evidence submitted with a new witness. It takes on average 120 days to evaluate a state claim. This 120 day time period applies to the first claim reconsiderations handled by the state.

Not all states implement reconsiderations. There is a pilot program designed to streamline the appeals process eliminates the reconsideration decision and send the case directly to a hearing. States participating in this pilot program called Disability draw American product. If your initial claim for disability or SSI was kept in one of the US disability draw you can send a measurement package to appear before an administrative law. These States include:

Alabama, Michigan, Alaska, Missouri, California, New Hampshire, Colorado, New York, Louisiana, and Pennsylvania

Social Security Hearings

If you live in one of the disabled draw States listed above or your request for reconsideration denied by the state agency, your next step in the appeals process is heard. Hearings were held in the Social Security Office of hearings and glory (OHA). In your perception, and a representative (if you choose), will appear before an administrative law judge and make your argument as to why you should get disability and / or SSI benefits.

Also Read: Social Security Disability Basics

The administrative law appear before been involved in before the process claimed in any way. After you file needs to be heard in the hearing office in the region will contact you to arrange a time for you to appear. This can be a long process. heard offices are considered backlogged cases and it can take more than a year to the hearing date.

When you attend the hearing you have the right to representation by a lawyer and the right to present witnesses on your behalf. You will be able to view files and to introduce new information here to the case. Your doctor, family, caseworker, and a lawyer can all attend the hearing and speak on your behalf. It is not required to attend the hearing. however, it is in the best interest to go.

After hearing was held and it usually takes administrative law 30 to 60 days to make a decision. You will receive a letter advising you of the decision at that time.

Social Security Appeals Council

If you receive an unfavorable decision at the hearing, the next step in the Social Security appeals process is review by the Appeal Council.

The appeals court will review your request for review. Appeals council can not reach you, if they agree with the decision made by the administrative law. If the appeals council decides to accept the case for review to either make a decision or send the case back to that office for a review. You will receive a letter with results of the High Council review usually within 60 days.

If the appeals council refused to take your case or rejects the appeal, the final step in the application process is to file the case in court.

Federal Court

The last step in the Social Security appeals process to file with the Social Security Administration in court. You need a lawyer to help with the case in court.

You have the option of filing a new claim at any time after the reconsideration of the state in addition to your appeal rights. If the new claim was accepted and the decision to appeal, Social Security will pay back to the original filing date of the first claim.