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On The Front Lines Of The Legal Battle

On Behalf of O’Malley Tunstall PLLC | Feb 18, 2021 | Social Security Disability

Do you suffer from a disabling condition? Whether an injury or illness, you may be unable to work. Since your diagnosis or injury, you have likely worried about how you will earn an income. You knew Social Security Disability could help. However, the Social Security Administration denied your application.

You probably feel confused after reading the denial letter. Luckily, you still have a chance at getting benefits. The SSA denies most SSDI applications. You can appeal the decision. You even have more than one chance to appeal.

The first levels of appeal

There are four levels of appeal. Those levels include reconsideration, administrative hearing, Appeals Council review, and Federal District Court case. First, you can ask the SSA to reconsider your application. Someone new will review your information. This person will look at the documents you previously included. The person will also look at any new information you gave for reconsideration. Often, providing more medical information about your disabling condition can help get your application approved.

If the SSA still denies your application after reconsideration, you can ask for an administrative hearing. This type of hearing does not involve a jury. Only a judge will look into your case. You will attend the hearing. At that time, you can explain your need for benefits to the judge. The judge will then decide whether to award you benefits.

The last levels of appeal

If the judge denies your application, you still have options. You can ask the Appeals Council to look at the judge’s decision. The Council may decide whether to approve or deny your claim. The Council could also send the case back to a judge again for a new hearing.

If the Appeals Council denies your application, you can file your case in Federal District Court. This option is basically a civil lawsuit. You can use this lawsuit to have your Social Security’s handling of your claim reviewed.

Hope for the best

You may feel let down after a denial for SSDI benefits. Fortunately, you may be able to gain those benefits after a review of your application. It may seem scary to have to go to court over your benefits. However, you may be able to get approval at the first reconsideration stage. Your benefits and well-being are worth fighting for.