Applying for Social Security disability benefits is a challenging process, especially since it’s common for claims to be denied initially. Fortunately, if you get a rejection letter, it doesn’t mean you have to give up on receiving the benefits you need. You will have the opportunity to go through the appeals process, which will be outlined in your denial notice. However, before proceeding, it’s important to know you have the right to be represented by a social security disability lawyer. Working with an experienced legal team, like the one at Vincent J. Criscuolo & Associates, can make all the difference in the outcome of a case. Below, the Rochester, NY, firm explains the steps involved in filing an appeal.

Social Security Disability Lawyer Discusses 3 Levels of the Appeals Process

1. Administrative Law Judge Hearing

In many states, the appeals process will begin with a request for reconsideration. But in New York, it starts with a request for a hearing held before an administrative law judge. This must be done within 60 days of receiving your denial letter.  During the hearing, a medical expert will testify about your condition, and the ALJ will review any evidence you provide. Then, they will make their decision to approve or deny your claim.

2. Appeals Council Review

If you don’t receive a favorable decision from the ALJ, you may request a review by the Appeals Council. It is up to their discretion whether to grant the review or dismiss it. Typically, they will look for any mistakes made by the ALJ to determine whether a case should be reviewed. If they feel it’s warranted, they will either send the claim back to the judge or make a decision themselves.

3. Federal Court Lawsuit

In the event of a denial from the Appeals Council, your last chance at getting an approval will be filing a lawsuit in federal court. It’s especially crucial to have a social security disability lawyer working on your behalf at this stage. They will present evidence to the judge showing why the original denial should be overturned. If they deem your case to be solid, they can reverse the rejection or send it back to the Social Security Administration for further assessment.

Due to the complex nature of appealing a rejected disability claim, it’s highly recommended that you don’t attempt to go through the process alone. A social security disability lawyer from Vincent J. Criscuolo & Associates will make sure your paperwork is error-free and you have included all the information necessary to get an approval. Contact them at (585) 232-3240 to schedule a consultation, or visit them online for more information.