How Do You Make an Appeal in a Disability Claim
The Social Security Administration generally decides whether a disability claim is eligible or not. The agency informs claimants of their decision through mail. If you disagree with their decision, you can ask for a review of the case. This is the start of the appeals process.
How to Make an Appeal To make an appeal, you have to write a request to the social security office within 60 days after receiving the decision letter. When an appeal is made, the agency often looks at the entire decision and if necessary, changes it after deliberations.
There are three levels of appeals:
* Hearing by the Administrative Law Judge If you disagree with the initial decision, a hearing with an administrative law judge is your first recourse. The judge will notify you of the schedule and the venue of the hearing.
The hearing is often held within 75 miles of your home. During the hearing, you and your representative will be asked to explain your case, present witnesses and give new information about your disability. After the hearing, you will receive a letter and copy of the administrative law judge’s decision.
* Review by the Appeals Council If you are unhappy with the decision of the administrative law judge, you can ask for a review of your case by the Social Security’s Appeals Council, which looks into all cases for review.
The Appeals Council may deny either your case if it believes the first decision is right or return it to the administrative law judge for further review. The agency will send you a copy of the council’s decision or the order sending it back to the administrative law judge.
* Federal Court If the decision of the Appeals Council is still unsatisfactory or it decides not to review your case, you may file a case in the federal court.
Who Can Help You
The social security agency assists people in their appeals cases. However, you may get the assistance of a representative who can help you with your appeal. A lawyer who specializes in disability claims can best handle your appeal. He has the knowledge, expertise and experience in this area of the law.
The disability lawyer will represent you in all matters regarding your claims, which also include receiving the copy of decisions made on your claim. Your representative cannot collect or charge a fee without the written approval of the social security agency.
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