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Experiencing an illness or injury that leaves you unable to work can take an emotional and financial toll on your household. Fortunately, Social Security disability benefits offer economic assistance to those with qualifying conditions. However, it’s not uncommon for a number of people to have their claim denied at the initial stage of the application process, despite meeting all of the eligibility requirements. If this happens to you, it’s important to know you can appeal the decision. Here are the different steps involved in appealing a denial of benefits.

What Occurs Once a Social Security Disability Claim Is Denied? 

Reconsideration Request 

If you disagree with the decision to deny your disability claim, the first action you must take is to file a request for reconsideration. This means an examiner from the Social Security Administration (SSA) will review your entire case again. Appeals must be filed within 60 days of getting a denial letter, and it’s best to consider hiring an attorney to advocate on your behalf.

Administrative Law Judge Hearing 

social security disabilityShould your claim get denied a second time, the next step is to ask for a hearing conducted by an administrative law judge. During the hearing, you will have the opportunity to present evidence as to why you deserve to collect Social Security disability benefits. The judge will review your case and ask you questions before deciding to uphold or overturn the SSA’s decision.

Appeals Council 

After a denial by the judge, you can request to have the Appeals Council review your claim. They have the power to grant, deny, or dismiss this request. Typically, the Appeals Council will only grant a review if they find a flaw in the judge’s decision that leads them to believe you were treated unfairly or there was a procedural issue. 

Federal Court Review 

A federal judge will review your case and have the power to reverse previous decisions or send your claim back to the SSA for reconsideration. If you haven’t retained the services of an attorney by this point, you will want to consult one right away, as they understand the court process and can help you get the compensation you deserve. 

 

Getting denied Social Security disability benefits is a problem the majority of applicants face, but with the help of an attorney, many of them go on to receive the money they deserve. The legal team at Carey & Hamner, P.C. has more than a decade of experience assisting Dothan, Enterprise, and Ozark, AL, residents in their pursuit of benefits. You can count on them to provide you with effective representation throughout the appeals process and remain committed to protecting your rights. Call (855) 435-4797 to schedule a review of your claim, or visit them online for more information on how they can benefit your case.

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