Social Security Disability benefits provide financial assistance to individuals unable to work because of a traumatic injury or medical diagnosis. For that reason, receiving a denial for a benefits request can be difficult for the applicant and their dependents. Fortunately, you have other opportunities to earn approval. This guide explains how the appeals process works. 

Why Appeal a Denial?

The Social Security Administration considers a variety of factors when determining eligibility for disability benefits. If you overlooked certain documents or misread the instructions, an appeal allows you to include new evidence. Alternatively, the initial reviewer might have made a mistake. All four levels of the appeals process involve new participants with fresh eyes. 

What's the Process Involved?

Reconsideration

Once you've received a Social Security Disability denial, you have 60 days to submit a written appeal. The first step involves sending the case back to the Disability Determination Services (DDS) office. Each state is overseen by its own DDS team. However, your reviewer can't have been involved in the first round.

Hearing

If you receive a denial at the reconsideration stage, then you have another 60-day period to appeal. Second-level appeals result in a hearing with an administrative law judge. 

The hearing can occur in person or by video. Even if you're unable to attend, your attorney can go. The goal of the process is to clarify any confusion or misunderstandings that may have brought about a denial. Witnesses may also be called to enhance your case. A decision will be sent in writing after the hearing. 

Appeals Council

If this effort also doesn't pan out, you can request a review by the official Appeals Council. However, the body isn't required to accept the case. When it is taken, the board will either review it themselves or send it back to a different judge for another hearing. 

Federal Council

If the Appeals Council doesn't accept your case or they deny your claim, the final stage in the appeals process is federal court. You will need to file a lawsuit to take the case to the U.S. District Court for review by a federal judge without a jury. They can either rule on the case or send it back to a lower appeals level to reassess an overlooked or ignored aspect of the claim. 

If you need assistance applying or appealing a Social Security Disability claim, contact Riggs Ellsworth & Porter, PLC. Residents from the Show Low, AZ, area—including Snowflake and Eager—depend on the local lawyers for dependable representation. Visit the firm's website to review their expertise. Request a consultation by calling (928) 537-3228.