Consult With an Attorney
Obtaining legal representation increases the chance that you'll win an appeal and receive SSDI benefits. An attorney will guide you through the appeals process, fight for your right to SSDI and help you become familiar with the different stages of appeals.
An experienced lawyer is familiar with the laws governing social security benefits and knows how to successfully appeal SSDI cases. Minor paperwork mistakes, or missed deadlines can cause delays or outright denials, but, an attorney can help you get things back on track.
File a Request for Reconsideration
After being turned down, the law gives you 60 days to file an appeal. It's crucial that you appeal before the deadline. If you're unable to meet with a lawyer right away, you may need to file the appeal on your own, to ensure that you don't miss the 60-day deadline.
To initiate your first appeal, you must complete and submit form SSA-561, which is the request for reconsideration form. You must also complete and submit the appeal disability report form SSA-3441. Finally, you must sign and submit a medical release form.
Administrative Law Judge Hearing
If your request for reconsideration is denied, the next best step is to request a hearing before an administrative law judge. If you decide to take this step, you must do so within 60 days of the denial of your request for reconsideration.
An administrative law judge is an attorney who works for the Social Security Office of Disability Adjudication and Review. An ALJ has the power to reverse or uphold denials. The good news is, taking your appeal to an ALJ gives you the best chance of winning. Nearly 70 percent of people who take their case to an ALJ win their appeal.
Appeals Council
Even if an ALJ upholds your denial, you have the option to appeal further by requesting that the Appeals Council review your case. Because you're most likely to find success with an ALJ, your chances are slimmer if the Appeals Council grants a review.
As with earlier steps in the appeals process, you have 60 days to request an Appeals Council case review. The Appeals Council makes sure citizens receive fair decisions from ALJs. That means you'll need to provide strong supporting evidence to show that the ALJ wrongly denied your claim.
The Appeals Council dismisses cases for a number of reasons, including filing late. But, if it finds that the ALJ erroneously upheld your denial, you have a chance of winning your appeal.
The process of applying for SSDI is riddled with hurdles and challenges that may leave you frustrated and confused. At The Law Offices of James B. Gillespie, Jr., PLLC
, we have experience representing clients throughout the appeals process. If you're disabled and your SSDI claim has been denied, we can help you appeal your case.