Thousands of people make perfectly valid applications for Social Security disability benefits only to find that their application is denied. If this happens to you, don’t be upset or discouraged, about 75 percent of applications for SSDI are denied so you are in good company. When your application is denied it actually does not mean a great deal, you are given an automatic right of appeal and many claims that were denied on the first application are subsequently approved.
Many people will make the initial application independently; they will not use a professional at this stage. It is when the application is denied that they turn to disability attorneys to help with the appeals. The Social Security Administration allow appeals but the time limit that they give is quite short, the appeal must be started quickly otherwise the applicant will have to begin the process all over which simply wastes a great deal of time. To some it may not seem like much of an issue but when one realizes that upon approval the benefits start from the day the application was made so making a second application looses the applicant money.
There are a number of steps in the appeals process, the first step is to ask for reconsideration of the initial denial then comes a hearing. If the application is denied again at the hearing stage it moves on to the appeals council and if necessary all the way to district court.
The administrative hearing:
You and the disability attorneys you hire have 60 days from the date your application was denied to request a hearing in the presence of an administrative law judge. You may have to wait several months after you provide additional substantiating evidence before your hearing date. At the hearing the judge will review all your additional data and if necessary entertain expert witnesses you may bring that will add support to the application. The hearing is not overly formal, not like a court hearing at all, the hearing is held in person; you, your disability attorneys and the administrative judge.
Appeals Council:
If the results of the hearing are unfavorable and your application is denied further you can elevate the appeal to an appeals council. The people on the appeals council are different than anyone involved to date. The appeals council work behind closed doors; you are not allowed to sit in nor are you allowed to submit any further information in support of the application. The appeals council really is looking for any errors that have been made by the SSA. If your disability attorneys spotted errors they can bring them to the attention of the council in writing.
If all else fails and you believe you genuinely deserve to be awarded benefits you can take the case to the Federal District Court for adjudication.
