How to Appeal a Social Security Disability Application: The Complete Process
It’s not easy to get SSDI benefits. The process of applying for and being approved for SSDI can be long, difficult, and frustrating. And if your application is denied, the appeals process can seem daunting. But don’t worry - we’re here to help. In this article, we will walk you through the entire SSDI appeals process, from start to finish. We will also provide tips on how to increase your chances of being approved for SSDI benefits. So, let’s get started!
What Is SSDI?
SSDI stands for Social Security Disability Insurance. It is a program administered by the Social Security Administration (SSA) that offers financial help to people who are unable to work due to a disabling condition. To be eligible for SSDI benefits, you must have worked enough years and paid enough into the Social Security system.
SSDI is different from SSI (Supplemental Security Income). It’s a needs-based program that provides financial assistance to people with disabilities who have limited income and resources. To be eligible for SSI, you do not need to have worked or paid into the Social Security system.
If you are approved for SSDI benefits, you will receive a monthly cash benefit. The amount of your benefit will depend on your work history and earnings. In addition to the monthly cash benefit, you may also be eligible for Medicare coverage.
What Is the SSDI Eligibility Process?
The SSDI eligibility process has the following steps:
1. Determine if you are eligible for SSDI benefits.
To be eligible, you must have a disabling condition that prevents you from working and you must have worked enough years and paid enough into the Social Security system. The SSA will also consider your age, education, and work experience when determining if you are eligible for SSDI benefits.
2. File a claim with the SSA.
You can file a claim online, over the phone, or in person at your local Social Security office. To start the process, you will need to provide basic information about yourself, your work history, and your disabling condition.
And that’s it! Once you have filed your claim, the SSA will review your case and make a decision. If you are approved for SSDI benefits, you will start receiving your monthly cash benefit. If you are denied SSDI benefits, you can appeal the decision.
What Is the SSDI Appeals Process?
If your SSDI claim is denied, you have the right to appeal the decision. The SSDI appeals process has four levels:
1. Reconsideration
2. Hearing by an administrative law judge
3. Review by the Social Security Appeals Council
4. Federal court review
You must file your appeal within 60 days of receiving the notice of denial. If you miss the deadline, you may be able to get a waiver, but it is best to file your appeal as soon as possible.
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Reconsideration
To start the appeals process, you will need to submit a written request for reconsideration. You can do this online, over the phone, or in person at your local Social Security office. Your request for reconsideration must include new and material evidence that was not considered in the original decision.
Once your request for reconsideration is received, your case will be assigned to a different claims examiner who will review your file and make a new decision. If you are denied SSDI benefits again, you can appeal the decision.
Hearing by an administrative law judge
The next level of appeal is a hearing before an administrative law judge (ALJ). The ALJ will review your file and any new evidence that has been submitted. He or she will also consider testimony from you, your witnesses, and any experts who have been asked to testify. After considering all of the evidence, the ALJ will make a decision.
Review by the Social Security Appeals Council
If you are denied SSDI benefits again, you can appeal the decision to the Social Security Appeals Council. The Appeals Council will review your file and any new evidence that has been submitted. If the Appeals Council decides that there is no basis for changing the ALJ’s decision, it will deny your appeal. If the Appeals Council decides that there is a basis for changing the ALJ’s decision, it will either return your case to the ALJ for further review or it will make a decision itself.
If you are still denied SSDI benefits after the Appeals Council has made its decision, you can file a lawsuit in a federal district court.
What Should I Do if My SSDI Claim Is Denied?
If your SSDI claim is denied, you should consider consulting with a Social Security disability lawyer. A lawyer can help you navigate the appeals process and increase your chances of success.
The SSDI appeals process can be long and complicated. A lawyer can help you gather the evidence you need to support your claim and can represent you at the hearing before the ALJ.
If you have been denied SSDI benefits, don’t give up. You have the right to appeal the decision. And with the help of a Social Security disability lawyer, you may be able to get the benefits you need and deserve.
Need Help with Your SSDI Claim?
If you have been denied SSDI benefits, don’t give up.
At The Injury Firm, our experienced SSDI lawyers can help you navigate the appeals process and get the benefits you need and deserve. We have a proven track record of success in SSDI cases, and we can help you too.
Call us today at 954-951-0000 for a free consultation. We will review your case and advise you of your legal options. And if you decide to hire us, we will work tirelessly to get you the SSDI benefits you need and deserve.