Social Security Disability Law Appeal
The best advice for those filing a Social Security disability claim is to file the initial application without a lawyer. Most initial applications are denied. Your then have only 60 days to file your first appeal, the Request for Reconsideration. If you are approved, you will receive benefits dating back to the onset date of your injury. If this appeal is denied, you then can hire an attorney to appeal the claim and represent you at the hearing before an Administrative Law Judge.
It is our experience that Social Security Disability Law Appeal is strictly codified, but not so strictly construed. In order to qualify for benefits, your doctor must be willing to put in writing that your condition prevents you from doing any gainful work. This means that not only can you not perform the type of work that you have done in the past, but that you are not able to perform any type of work that would net you at least $500.00 per month. Additionally, your period of disability must last at least twelve full months.
Call as soon as possible for a Social Security Disability Attorney if your Request for Reconsideration has been denied, so that attorney can file your Social Security Disability Law Appeal in a timely manner.
After you get a letter announcing the review, someone from your Social Security office will contact you to explain the review process and your Social Security Disability Law Appeal rights. You will be asked to provide information about any medical treatment you’ve received and any work you might have done.
Then your file will be sent to the state agency that makes disability decisions for Social Security. An evaluation team that includes a disability examiner and a doctor will carefully review your file and request your medical reports. If reports are not complete or current enough, you may be asked to have a special examination or test that SSA will pay for.
Once a decision is reached, SSA will send you a letter explaining it. If SSA decides you are still disabled, your benefits will continue. If SSA decides you are no longer disabled, you can file a Social Security Disability Law Appeal. If you don’t, your benefits will stop three months after SSA said your disability ended.
Your Social Security Disability Law Appeal Rights, if you don’t agree with a decision SSA make, you can appeal it. You have 60 days to file a written appeal with any Social Security office. Generally, there are four levels to the Social Security Disability Law Appeal process. Reconsideration—your claim is reviewed by someone who did not take part in the first decision. Hearing before an administrative law judge—you can appear before a judge to present your case. Review by Appeals Council—if the Social Security Disability Law Appeal Council decides your case should be reviewed; it will either decide your case or return it to the administrative law judge for further review. Federal district court—if the Social Security Disability Law Appeal Council decides not to review your case, if you disagree with its decision, you may file a lawsuit in a federal district court.