When Are You Allowed To Ask For A Social Security Disability Hearing?There are rules that regulate the path that an individual must take to get to a Social Security Disability hearing, which means that an individual cannot just file for a disability hearing. Disability claimants must first file an initial disability claim and wait for a decision. Generally, initial disability claim decisions average about one hundred days of processing time. Some disability claims take longer and some take less than a hundred days to receive a decision. If an applicant's initial disability claim is denied, they have a sixty day appeal period with an additional five days for mailing (this is counted from their denial notice) to appeal their claim. The Social Security Disability appeal process begins with a request for reconsideration appeal and may end in Federal court. However, most disability claims end at the disability hearing (where the case is decided by an administrative law judge and both the claimant and his or her attorney are present), or at the Appeal Council review (the appeals council is where cases that have been denied by judges are reviewed). How does the social security appeal process work? If an applicant's initial disability claim is denied, they must file a reconsideration appeal. In order to file a reconsideration appeal, the disability claimant must complete disability appeal paperwork--either online or on paper--and return it to Social Security by the sixty-fifth day after the date of their denial notice. The reconsideration appeal is sent back to the state disability agency that made the initial disability decision. Once the reconsideration appeal is at the state disability agency (known as DDS, or disability determination services), another disability examiner will review the initial disability decision along with any new medical information to make another medical disability determination. Reconsideration appeals generally take about an average of sixty days for a disability decision. If a disability applicant receives a denial of the reconsideration appeal, they have sixty-five days to file their next appeal. The second appeal level is a request for an administrative law judge hearing, or simply a Social Security Disability hearing. This level of the disability appeal process takes the longest time to receive a decision. Currently, the national average wait time for a Social Security Disability hearing decision is more than twelve months due to huge backlogs at most Social Security hearings offices across the country. National statistics indicate that about two thirds of all individuals who attend their Social Security Disability hearing are approved for disability benefits which makes the disability hearing appeal level the most winning level of the Social Security Disability process. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: What medical conditions qualify for disability in NC? What happens when you go to a Social Security Disability hearing? Preparing for a Disability Hearing to Win Social Security or SSI Benefits Can a disability attorney speed up my disability hearing case? Presenting evidence at a Social Security Disability or SSI hearing Disability Hearing to be Scheduled before an ALJ, Administrative Law Judge How long does a request for a disability hearing appeal take? Do I Need a Lawyer for My Social Security Disability Hearing? Types of Social Security Disability SSI decisions What can I expect from a Social Security Mental Examination or Evaluation? Will I qualify for disability Benefits in New Jersey? Getting a Disability Lawyer in New Jersey |
