If you become disabled and are unable to return to work for a year or longer, you may decide that you need to file for Social Security Disability Insurance (SSDI). This is a program that’s meant to help people who have a history of employment but are newly unable to work to support themselves for a period of at least a year because of an significant medical condition.
Many applicants don’t realize that filing for SSDI is only the first step in a very long process. Evaluation of an application can take considerable, and an application is likely to be denied initially. If you’re applying for benefits, know that you have the right to appeal a denial.
Request for reconsideration
Your first appeal step involves a request for reconsideration. There’s a strict 60-day filing time limit for getting this appeal filed. During reconsideration, a different Social Security Administration (SSA) official will review your case to determine if it meets requirements for approval.
Administrative law judge hearing
You can move on to the next step if reconsideration is unfavorable. This appeal involves an administrative law judge (ALJ) reviewing the case. This also has a 60-day filing time limit. At the hearing, you can present new evidence, bring witnesses and explain your case in person.
Appeals Council review
Your next appeal would be to the Social Security Appeals Council. The council can take a look at your case if an ALJ also denies your appeal. The council will examine the facts of the case to determine if there are errors made by the ALJ. The council can deny your request or make a decision about your case. Alternatively, the council may opt to send it back to the ALJ for another look.
Federal court review
Your final appeal option is to file a federal lawsuit. This is possible if the council upholds the decision made by the ALJ or declines your request.
Throughout the appeals process, it’s critical to ensure that your rights are being protected. The entire appeals process can be complex and take considerable time. Having legal assistance can make it easier to ensure you don’t miss anything important that could negatively impact your case.