The majority of Social Security Disability requests are denied at the initial application phase. The Social Security Administration will notify the claimant if they have been denied and explain the process to appeal the decision. Appeals may be done within 60 days from the date the Social Security Disability denial letter has been received by the claimant. Under very limited conditions the Social Security Administration may allow an extension to file the Social Security Disability appeal.

Social Security Disability appeals may be completed online or the claimant may visit the nearest Social Security office. For more information about the SSD appeal’s process it is a good idea to contact a Social Security Disability attorney. The Social Security Administration also provides additional information on their website and claimants may also contact the Social Security Administration toll-free at 1-800-772-1213, 7 a.m. to 7 p.m. Monday through Friday. People who are deaf or hard of hearing may call the Social Security Administration’s toll-free TTY number, 1-800-325-0778.

The Social Security Disability process is comprised (for most SSD claimants) of four levels, each level requiring the claimant, if they are denied, to complete the appropriate forms to move to the next level. Some states skip the reconsideration phase which means that claimants who are denied at the Social Security Disability application level and appeal the denial will move directly to the hearing level.

• Reconsideration – Most claimants who appeal the initial denial can request Reconsideration. Under Reconsideration the claimant’s Social Security Disability application will be completely reviewed by another person who was not involved in the first Social Security Disability application denial. All original medical evidence and any new submitted information will be considered to render a new decision. Up to 80% of Reconsiderations are denied. Claimants who wish to pursue their Social Security Disability claim after a denial at the Reconsideration level may file a request for a Social Security Disability Heatin

• Social Security Disability Hearing - Claimants who have been denied at the Reconsideration level may request a hearing before a Social Security Disability Administrative Law Judge (ALJ). Claimants generally hire a Social Security Disability lawyer to act as their representative and argue their Social Security Disability case at their hearing. The ALJ reviews all the medical information which the Social Security Administration (SSA) has gathered and any additional information the SSD attorney presents at the case and makes their decision. Claimants can review the (Form HA-520-U5) Request for Review of Decision/Order of Administrative Law Judge which can be downloaded from the SSA website to appeal an Administrative Law Judge’s decision.

• Appeals Council - Claimants denied at the hearing level may appeal their SSD denial and request a review by the Appeals Council. The Appeals Council reviews the Social Security Disability claim and can either 1)make their own decision 2) remand the Social Security Disability case back to the Administrative Law Judge for additional review 3) allow the Administrative Law Judge’s decision to remain in affect. The Appeals Council will send the information about their action to the claimant.

• Federal court review - Claimants who do not agree with the decision of the Appeals Council may file a civil lawsuit in the Federal District Court.

Hiring a Social Security Disability Lawyer

Most Social Security Disability applications are denied at the initial application level. 80% of Reconsiderations are denied. Hiring a Social Security Disability lawyer is one of the best ways to increase your chances for receiving Social Security Disability benefits. Social Security Disability attorneys can review your initial application, gather medical records and present your Social Security Disability case before the Administrative Law Judge.

If you have been denied Social Security disability benefits and are debating on filing an appeal of that decision you may need to act right away. After notice of a denial, a claimant has only 60 days to get a notice of appeal in writing to the Social Security Administration. There are certain exceptions, but for the most part you have just 60 days to appeal the denial of benefits.

If you are considering an appeal, remember that upon examination of the statistics of past cases, we can clearly see that claimants represented by an attorney or disability advocate have had a much higher success rate than people without any representation.

There Are Three Levels Of Appeals

Your appeal may be handled at any of three levels

1. a hearing before an administrative law judge
2. a review by the Appeals Council
3. a review by a federal court

When the Social Security Administration notifies you of a decision on your claim, they will tell you how to appeal the decision and at what level your appeal will be heard.

My next post will focus on an explanation for each of the levels.