The Social Security Administration (SSA) denies as many as 53% of all disability claims. However, it's crucial to understand there is a multistep appeals process in place, and this protocol ensures you have ample opportunity to challenge the decision and have your case reconsidered. Here is a breakdown of the steps involved in appealing a Social Security disability claim.

File a Request for Reconsideration

As soon as you receive your denial, file a Request for Reconsideration. This starts the appeals process in motion and reopens your case, so the review board can have another look at it. Time is of the essence here; all reconsideration requests must be filed within 60 days of the date listed on your initial denial.

Ask for a Hearing With an Administrative Law Judge

If your reconsideration request is denied, the next step in the process is to ask for a hearing with an administrative law judge (ALJ). An ALJ is an attorney who works with the SSA to provide another case review of the denied claim and based on their findings, issues a decision that either upholds or overturns the original decision. Your formal request for an ALJ hearing must be submitted within 60 days of your reconsideration denial.

Go to the Appeals Council

Once a Social Security disability claim has been rejected by an ALJ, the applicant can file a request to have their case reviewed by the appeals council. The odds of having a favorable result at this stage are slim; the appeals council randomly picks the cases they review from the thousands of requests they receive. However, it's important to at least put your claim in their pool of potential cases, so you can explore all of the available opportunities for appeal before moving on to the last step.

File a Federal Lawsuit

The last stage in appealing is to file a lawsuit against the SSA in federal court. You will present your case to a federal judge who will then weigh all of the evidence you and the SSA have submitted before they hand down a final decision. While it's advisable to have a lawyer at every step of an appeal, you should certainly have one when filing a federal lawsuit to ensure your rights and interests are protected.

No matter where you're at in your appeal of a denied Social Security disability claim, David W. Kapor & Associates in Cincinnati, OH, can help. Attorney Kapor and his team will work to get you the disability benefits you need and deserve. Call (513) 721-2820 today to schedule a free consultation, or visit them online to learn more about the appeals process.