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What To Expect When Appealing A Social Security Disability Benefits Denial

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Social Security disability benefits are designed to provide a source of income for individuals who are physically or mentally incapacitated and unable to hold a job. For many people, Social Security disability benefits are a much needed financial safety net helps keep a roof over their head and food on the table when one does not have a regular paycheck. However, getting approved for Social Security disability benefits is not an easy task, and many people have their initial application denied. When Social Security disability benefits are denied, a person will have the opportunity to appeal the decision. Continue reading to learn more about what to expect when appealing a Social Security disability benefits denial:

Requesting a Reconsideration

If your initial application for Social Security disability benefits has been denied and you do not yet have a Social Security lawyer, it is in your best interest to hire one to assist you. The first step of appealing a Social Security disability benefits denial is sending a written request for consideration. When a reconsideration letter is submitted, a representative at the Social Security office will closely review your application to see if it was denied in error. You only have a short amount of time to file a written letter of reconsideration, so contact your Social Security Lawyer as soon as you receive the denial of your initial application.

Hearing with an Administrative Law Judge (ALJ)

In the event that your letter of reconsideration does not result in your application being approved, your lawyer can arrange for a hearing with an administrative law judge (ALJ). An ALJ will be able to review your file to see if there is information that was missed; if there is evidence to support your disability claim, an ALJ can overturn the denial of benefits.

Request a Review with the Appeals Council

When an ALJ does not overturn your denial, it does not mean that you are out of luck. The Appeals Council is made up of judges and Appeals Officers who are authorized to thoroughly review disability cases that have been denied. The Appeals Council has a deep understanding of the rules and regulations associated with disability benefits and may notice something that was overlooked in the past.

Hearing in Federal Court

If a reconsideration letter, a hearing with an ALJ, and submitting your case to the Appeals Council does not result in an approval,your last option is a hearing in federal court. It is extremely important to be very prepared for your federal court hearing, which is why it is always highly recommended to hire an experienced Social Security lawyer. 

For more information, contact lawyers like Todd East Attorney At Law.


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