Can you appeal if your Social Security Disability application is dismissed?

  • SSDI

Can you appeal if your Social Security Disability application is dismissed?

The Social Security Disability association can reject the application of the candidate if they are not satisfied with the requirements. The applicant, however, can appeal again to the Social Security appeal council. The applicant must carefully understand the process to present the case strongly. They can visit Recovery Law Group for good advice.

When is the best time to appeal?

Timing plays an important role in all decisions. Same is true in this case. The applicant must apply within 60 days of receiving the rejection letter. In case of a late appeal, he must justify the reason for being late. Suppose the late appeal could be due to the late arrival of the rejection letter. The applicant can show the receiving date and can ask for more time.

Four stages of appeal

There are four stages of appeal under which the case can be reviewed. These are-

  1. Reconsideration

The first and foremost stage of appeal is a reconsideration. The decision for reconsideration depends upon the Social Security council. The council will observe the case again, and if they find any possibility, they may offer for reconsideration. The reconsideration decision can also be in negative if the appeal council feels the case has been rightly dismissed.

  1. Trial by an Administrative law Judge

The applicant can nevertheless appeal if he/she differs with the reconsideration call. A trial will be conducted by an administrative judge, where they can appeal for their case. To maintain the integrity of the case, the administrative judge is an unbiased authority, who had no role to play in the previous decision. The administrative judge will inform the applicant the time and place of the hearing before hand. For the convenience of the disabled person, the trial is conducted within 75 miles of their residence.

The applicant must prepare his case best by hiring an advocate and collecting more evidence like medical reports and doctor’s review. The presence of the applicant during the trial can also push the judgment in favor of the applicant. The verdict is then declared after the trial, the copy of which is sent to the applicant via mail.

  1. Review by the Appeals Council

Again, if the applicant is not satisfied by the trial, they can appeal for a review by the Social Security Administrative council. The Social Security appeal council will not waste time on the case if they feel the trial is justified. If at all the council agrees to review, they may either send the case back for trial or resolve the case by themselves. In any circumstances, the applicant will receive a letter or mail with the verdict.

  1. Review by the Federal court

The applicant has another window if they disagree with the decisions taken so far. They can appeal further by filing a lawsuit in a Federal district court.

The appeal could stretch if not covered properly with the right workout and due medical certificates. For good advice call on 888-297-6203.

 


2019-08-22T12:19:27+00:00