Social Security Disability Lawyers Look At 4 Steps of A Claim Denial Appeal

January 29, 2014

There are hundreds of thousands of disabled Americans who are waiting for decisions to be made on their Social Security Disability claims. The stark reality of the situation is that the majority of these individuals, roughly 60 percent, will eventually receive a Social Security Disability Benefit Denial.

There remains hope for claimants who receive such a decision though, through a process of appeals. The Social Security Administration (SSA) lays out four general steps the appeals process will take. They include:

▪   Filing- A claimant has 60 days from receiving a denial letter to file an appeal of the decision. The appeal must be made in writing. The only exception to this rule is if the denial was made for medical reasons, in which case, the appeal can be made online.

▪   Reevaluation- Upon receiving the appeal, the SSA will reexamine the case in order to ensure all needed information and documentation is present. They will then consider either overturning the denial or upholding the decision.

▪   Hearing- If the decision is upheld, a hearing will be scheduled where a judge will examine the evidence and issue a decision.

▪   Higher Court Appeals- If denied again, the case is heard before an appeals council before making its ways to the courts for a final decision.

The Social Security Disability Lawyers with Fleschner, Stark, Tanoos & Newlin recognize how confusing the appeals process can be and encourage anyone who has a denied Social Security Disability claim to discuss their case with an attorney immediately.