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If your Social Security Disability Insurance, or SSDI, claim for benefits has been denied based on your initial application, don't lose hope. You can appeal a denied claim. While the path to getting your benefits approved can be lengthy and complicated, having a trusted and dedicated SSDI lawyer on your side can help you navigate the Social Security Administration Appeal Process.
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The Social Security Disability Insurance (SSDI) appeals process is available to individuals who have had their initial claim denied. It involves several stages, starting with a request for reconsideration, where a different official reviews your case. If denied again, the next step is a hearing before an Administrative Law Judge, followed by a review by the Appeals Council if necessary. Finally, you can take your case to federal court if all previous steps are unsuccessful. Throughout the process, working with a knowledgeable attorney can significantly improve your chances of success, as they can guide you through the complex paperwork and legal procedures.
The first step in pursuing SSDI benefits is to fill out the application on ssa.gov. From there, the Disability Determination Service obtains your medical evidence and conducts the 5-step evaluation to determine disability. You may also be scheduled for a consultative examination with a state doctor.
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The waiting period for a determination can vary. The Disability Determination Service evaluates your medical records and other supporting documents. If more information is needed, they will schedule you for a consultative examination with a state-appointed doctor. During this period, it's important to stay patient and keep all related documents organized in case further details are requested.
If your initial application was denied, you can begin the appeal process in the Reconsideration Stage. To do so, you must file an appeal within 60 days of when you received the denial letter from the Social Security Administration. During this phase, a new examiner for the Disability Determination Services will review your case and determine if you are eligible for benefits.
If your claim is still denied after the Reconsideration Stage, you can file a request for a hearing before an Administrative Law Judge. This means that the case is presented through the claimant’s testimony and medical evidence. An impartial vocational or medical expert may also testify at the hearing. Although you have a right to a hearing, you may waive that right, opting for a decision based only upon the medical evidence instead. Upon evaluation of all the evidence, the Administrative Law Judge will issue a written decision.
If you’ve received an unfavorable decision at a hearing with an ALJ, or you do not fully agree with the judge’s decision, an appeal can be filed with the Appeals Council. The Appeals Council is made up of Administrative Law Judges who have the authority to grant, remand or deny your appeal. The Appeals Council will consider the hearing record and any additional evidence that has been submitted subsequently.
If you do not agree with the action the Appeals Council has taken, the appeal moves out of the administrative courts. Subsequent appeals are filed in the federal courts: U.S. District Court, U.S. Circuit Court of Appeals and U.S. Supreme Court.
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