Appealing a Disability Claim Denial

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    Disability claims are often denied the first time they are submitted. There are many reasons a claim might be denied, but the result can be frustrating and can also be financially constraining for someone who can no longer earn an income. Thankfully, those who find themselves in this type of situation can appeal the decision and submit the claim again in anticipation of a different answer. All you need to do is follow the steps that are outlined below.

    Read your denial letter

    If your disability benefits application was denied, you will receive a letter stating that fact in the mail. Do not ignore this letter. It contains important information about your next steps and filing an appeal. Follow the instructions in the letter carefully and completely.

    Do not delay your appeal

    Do not let your discouragement about the denial cause you to delay filing an appeal. You have only 60 days from your denial date to file your appeal, so time is of the essence. Contact your local Social Security Administration (SSA) office and ask for a “Request for Reconsideration” form to begin your appeal.

    Contact an SSA lawyer
    If you did not seek legal counsel when you first applied for disability, now is the time to do so. A disability attorney knows the ins and outs of the system and can help you file an appeal that will be approved.

    Request a hearing

    To get the ball rolling, you will need to request a hearing with an Administrative Law Judge (ALJ). This judge reviews disability cases and determines if there is enough evidence to overturn the initial denial.

    Appeals Council Review

    If the ALJ accepts your claim, there is no need to go any further. However, if your claim is still denied, you can request that your case be reviewed by the Appeals Council. This group will review your case. If they decide you are eligible for benefits, they can return the case to the original deciding judge for a reversal or they may simply reverse the decision on their own.

    Appeal to the Federal court

    If the Appeals Council does not reverse the denial, you can then appeal the case to the Federal Court. At this point, your case will be reviewed again and a decision will be made regarding your eligibility for benefits.

    If you are ready to appeal your disability claim denial, Liner Legal is here for you. Contact us today to see how we can help you get the benefits you deserve.

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