Filing An Appeal With Social Security
If you consider yourself to be disabled but you have been denied what you believe are your rightful benefits from the Social Security Administration, you have every right to appeal the decision. The appeals process consists of a number of steps, the first being a written request for reconsideration. The chances are remote that the decision will be reconsidered but along with the denial letter you will be given a package of information that details the other steps that can be taken. Your appeal can eventually be heard by an Administrative Law Judge, go on to review by the appeals council or even result in a lawsuit in court. The applicant can self represent or, as is true in the majority of cases, hire an Aurora disability lawyer to deal with the appeals process.
An application for Social Security disability benefits will result in either approval or denial. About 70 percent or more of the applications are denied but the denial letter will give the reasons behind it as well as detail the appeals process. The claimant has 60 days in which he or she can question the decision and ask that the application be reconsidered.
The reconsideration determination is made by someone who did not take part in the original decision to deny the application. The request for reconsideration should include a complete explanation why the applicant deserves benefits and why the refusal should be overturned. In the event the request is denied there will be a detailed explanation explaining how and why the decision was made.
At this stage the appeals process can be elevated to a hearing which is held in the presence of an Administrative Law Judge. The claimant will be advised when and where the hearing will be held, in the majority of cases it is held with 75 miles of the applicant home. It is strongly suggested by the Social Security Administration that the applicant and his or her Aurora disability lawyer put in a personal appearance. In the event this is not possible then a video conference can be arranged. During the hearing both sides will be heard and eventually the judge will render a decision.
In many cases the application is approved at this point, however, if it is denied once again it can be elevated to the appeals council. The appeals council does not take any evidence into account; their task is to ensure that all applicable laws, rules and regulations were followed prior to their involvement.
If you feel that you were unfairly treated there are remedies available, your Aurora disability lawyer will know precisely how to challenge the decisions and file a complaint.
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