Let's face this: filing an application for disability is the easiest part. Winning a disability benefit in the first attempt is what takes a winning. However, do not be disappointed if you did not win the benefits at first go. In fact, roughly every 2 out of 3 people who apply for social security disability are denied disability benefits.
Here's the tip: Do not wait for more than 6 months of getting your benefits denied to file an appeal! Let me explain why:
The four steps of a denied disability appeal:
- 1.Request for reconsideration
- 2.Administrative law judge hearing, ALJ
- 3.Appeals Council hearing
- 4.Federal Court Review
How the appeals process works?
The first step in an appeals process is the reconsideration. If you think you have been wronged and have evidence that could be used to prove that to the concerned authorities, you should consider filing a disability appeals as soon as you get a denial of your disability benefits application. Through the reconsideration process, you will be receiving a new decision by someone who have had no part in taking the first part of the decision – you may have to write a letter explaining your condition and denial situation in detail to them.
If you are denied the disability benefits in the reconsideration process, then you will have the right to file an appeal with the administrative law judge. The ALJ allotted to your case will normally be the nearest ALJ in your locality, for instance, if you live in Los Angeles, your case would be forwarded to your local administrative law judge in California. If you are denied benefits or think your case has not been heard properly with the ALJ, you might then file an appeal in the Appeals Council and then, if not granted benefits in the Appeals Council, to the Federal Court for review.
Unfortunately, some people wait more than a year to file a disability appeals process. Remember, if you fail to file an appeal within the given period of six months, you would have to file for the disability again from scratch. In fact, if you move quickly with direction you might be one of the among one-thirds of the people who actually win the appeals process in the first stage, i.e., request for reconsideration.
If you are going through a disability appeals process, make sure you listen to the following advice into consideration to take full advantage before you enter in to the Office of Disability Adjudication and Review or the Social Security Administration local office near you.
Hire a Qualified Social Security Disability Advocate in Los Angeles, California
While the Social Security Administration fully allows you to represent yourself at the appeals processes, we suggest you do not. A disability lawyer or attorney could greatly help your case and increase your chances of winning a disability hearing. Here is how:
- -By monitoring what stage your disability claim is in;
- -Assisting you in all the forms needed in your claims process;
- -Arranging medical/psychological treatments or meetings with your physician for doctor's review;
- -Answering any questions you may have about the appeals process;
- -Assist you in organizing all the medical evidence that might prove beneficial in the hearing;
- -Prepare you for the appeals process, no matter what stage is it in;
A good disability attorney will arrange several meetings with you on-call or in-person to prepare your case thoroughly for the appeals process, so you may know your case is in safe hands.
If you or a loved one is in need of help regarding a disability appeals process, you might consider contacting you local disability attorney right away.