If Denied for Social Security Disability or SSI, you Need to File an Appeal

by Editorial Board on September 6, 2010 · 2 comments

in Basics of SSD,Filing Initial Application,Reconsidered Application,Appealing a SS Decision,Why People Are Denied

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There are four levels of appeal for denial of Social Security Disability or Supplemental Security Income (SSI) Benefits.  These generally include a Request for Reconsideration, a Request for a Hearing, a Request for Review by the Appeals Council, and filing a lawsuit in Federal District Court.

If you file an application for Social Security Disability or SSI benefits, and your case is denied, you will need to file a written Request for Reconsideration within 60 days.  A Request for Reconsideration involves a brand new review, by a different disability examiner, of all of the medical evidence you submitted when you first filed your application and any new evidence submitted at the reconsideration level.  If you disagree with the decision reached in your Request for Reconsideration, you may file a Request for a Hearing, in writing, within 60 days.

An Administrative Law Judge (ALJ), that took no part in the two prior decisions reached in your case, will look at all of your medical evidence, will listen to your testimony and that of any witnesses testifying on your behalf or that of any experts he or she has requested to be present at your hearing, and will reach a brand new and impartial decision in your case.  The Judge will issue his or her decision in writing and he or she will mail it to the address you have on file with the Social Security Administration.

If you disagree with the ALJ’s decision, you may file a Request for Review by the Appeals Council.  Although the Appeals Council looks at every request, it does not review every request.  If the Appeals Council finds that the ALJ’s decision was correct, it may deny your request for review.  The Appeals Council may also find that error was committed or that there is a further need for review and it may remand the case to the ALJ.  The Appeals Council also has the authority to vacate the ALJ’sdecision and issue its decision regarding your determination.  If any case, you will receive notice of the Appeal Council’s decision by mail.

If you disagree with the decision reached by the Appeals Council, you may file a lawsuit in Federal District Court.

Post a comment below to share your thoughts on this subject or ask us a question, we encourage you to be part of the Living with a Disability community.

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Michael Morales March 26, 2011 at 4:26 pm

How do I know form 3441?

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