What is the process to file a Social Security Disability appeal?If you have received a decisional denial letter on your denied by an ALJ, you should apply for a new initial Social Security Disability or SSI claim. You may also request that the appeals council in Falls Church Virginia review the decision of the judge in your case. However, the appeals council rarely overturns judge's decisions and for this reason you should file your new claim and your request for an appeals council review simultaneously. Starting the process to file a Social Security Disability appeal is simple. Simply contact the social security administration and request the appeal. SSA will then send you your paperwork. If you are represented by a social security attorney, your attorney will do all of this for you. Timeliness, of course, is key. If you do not have your appeal paperwork turned in to the social security office by the formal deadline, and do not have good cause for a late appeal (such as illness, infirmity, or very extenuating family circumstances), you will be forced to begin the process from scratch. Is the process for evaluating a Social Security Disability or SSI disability appeal substantially different than evaluating an initial disability application? Answer: it depends. The first appeal, the request for reconsideration, is nearly indistinguishable from the disability application. The reconsideration appeal is handled by the same agency that processes the initial claim, only this time a different disability examiner is assigned to the case. The second appeal in the system, however, is markedly different from everything that has happened at earlier levels of the system, including the reconsideration appeal. This appeal, the request for hearing before an administrative law judge, involves a face-to-face meeting between the claimant, a federal administrative law judge, and, if the claimant is represented, a disability lawyer. At the hearing, the claimant may be asked questions regarding their functional restrictions and prior work history. They may also present information of a medical or vocational (work-related) nature to the judge which was not previously considered by the social security administration. Because claimants may be represented at hearings by attorneys and representatives and because the entire nature of a non-adversarial hearing is inherently different than the process employed by the social security administration at the initial claim and reconsideration levels, most represented individuals manage to win their cases at hearings. 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: How does a Disability Lawyer or Representative get paid in North Carolina? What Are The Odds of Winning A Social Security Disability Appeal? How does the Social Security Disability Appeal Process work? Can You Appeal A Decision By A Judge On A Social Security Disability or SSI Case? If You Get Denied For Disability Should You appeal Or file A New Claim? If you appeal a Social Security Disability denial, how long does it take to receive a decision? How long does it take to appeal a disability case? Your Chances With SSDI Disability or SSI On the First Appeal, The Reconsideration Social Security Disability Appeal Deadlines Are Always 60 Days Doing the SSDI Appeal Online What is the process to file a Social Security Disability appeal? What is the Social Security Appeals Time Limit What If you intended an appeal of your Social Security Disability claim but missed the deadline? What Happens If You File A Late Social Security Appeal? (What is Good Cause?) What Are the Chances of Winning an SSA Disability Appeal? Help filing for disability benefits with Social Security Getting a Disability Lawyer in New York If you apply for disability in New York Will I qualify for disability Benefits in New York |
