What Is the Process for Appealing a Denial of SSD Benefits?

 Posted on September 09, 2021 in Social Security Disability

For those who suffer from physical or mental conditions that affect their ability to work, Social Security disability benefits can provide much-needed assistance. Unfortunately, a significant percentage of disability claims are denied. However, a denial does not mean that it will not be possible to receive SSD benefits. An applicant can appeal the decision to deny a claim and provide additional medical evidence or other information showing that they qualify for disability benefits. During these types of cases, an applicant can work with an attorney to ensure they meet all of their requirements, and they will want to understand the process that will be followed during their appeal.

Steps in a Social Security Disability Appeal

When appealing the denial of a SSD claim, a person will generally proceed through the following steps:

1. Reconsideration - Within 60 days after the denial of a disability claim, a person can file a Request for Reconsideration. During a reconsideration, Social Security may perform a case review in which a person will look at the information provided in the initial application and any supplemental information provided by the applicant. In some cases, an applicant may request an informal or formal conference where they can speak to the person reviewing the case and witnesses can be questioned. The person reviewing the case will issue a decision on whether to grant or deny disability benefits.

2. Hearing - Within 60 days after receiving a decision at the reconsideration stage, a person may request a hearing with an administrative law judge (ALJ). During this hearing, the ALJ will review medical records and other evidence, and they may question witnesses such as the applicant, their family members, medical experts, and vocational experts. The ALJ will then issue a ruling regarding whether benefits will be granted or denied.

3. Appeals Council review - Within 60 days after receiving a hearing decision, a person may request a review by Social Security’s Appeals Council. The Appeals Council may issue a decision granting or denying benefits, it may return the case to the ALJ for further review, or it may deny a review altogether.

4. Judicial appeal - Within 60 days after receiving notice of the Appeals Council’s decision, a person may file an appeal in federal court. A judge will hear arguments from both sides and review evidence in the case, and they may affirm the ALJ’s decision or reverse the decision and remand the case for a new hearing.

Contact Our Plano Social Security Disability Appeals Attorneys

If your disability claim has been denied, The Law Offices of Coats & Todd can advise you of your options for appealing this decision. We will fight on your behalf throughout the appeals process so that you can receive the benefits you deserve. Contact our Collin County SSD claim appeals lawyers today at 972-671-9922 to arrange a free case evaluation.

Sources:

https://www.ssa.gov/pubs/EN-05-10058.pdf

https://www.ssa.gov/appeals/hearing_process.html

https://www.ssa.gov/appeals/appeals_process.html