Social Security Disability (SSD) can provide you with the benefits you need if you are injured, ill or have a medical condition that prevents you from working. When your application for SSD benefits is denied, you can appeal the decision.
There are various reasons that an SSD application may be denied. Sometimes it is simply a clerical error. Or you might need to provide more evidence to support your claim for benefits.
Request for reconsideration
There are four appeal levels for denied SSD claims. The first is a request for reconsideration.
When you request reconsideration, your application is reviewed by someone new who was not involved in the initial review and denial. You can present new evidence with a reconsideration request.
If your reconsideration is denied, you move to the second level of the appeals process, which is a review by an administrative law judge (ALJ). You will be scheduled for a hearing before the ALJ.
What to expect at an ALJ hearing
An ALJ hearing is structured the same as a court trial. You can testify, call witnesses and submit evidence. You can use expert witnesses, such as medical experts, to argue why you should receive SSD benefits.
You will be subject to cross-examination and questioning at an ALJ hearing, so it is important to be thoroughly prepared.
The Appeals Council
If you go through the ALJ hearing and your claim is once again denied, you can request a review by the Social Security Appeals Council. The Appeals Council reviews the ALJ decision and looks for any errors of law, facts or procedure.
The Appeals Council can reject the ALJ decision and award you SSD benefits. They can remand the case back to the ALJ and order the case be reheard or they can uphold the ALJ decision.
Federal district court review
The final level of appeal is a review by a Florida federal district court. You will have a hearing before a federal judge who will decide the case. This is the last level of appeal.
A settlement is possible once a case reaches the federal review level. You may choose to settle your case depending on what you are offered and your chance of success at a hearing.
Pay attention to deadlines
There are deadlines associated with each level of appeal. An appeal to the next level must generally be done within 60 days. If you miss an appeal deadline, you must show good cause.
The SSD appeals process can be intimidating and feel overwhelming. This is likely not what you need when you are already struggling with an injury or illness.
The four levels of appeal are designed to ensure your case receives a fair review at each level. Knowing the stages and understanding what happens during each stage can save you time and increase your chance of success in your SSD claim.
