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SSD Appeals: Reconsideration, Request for Hearing, Appeals Council, and Federal Court

January 29, 2020

It is not uncommon for the Social Security Administration to deny an application for disability. If you have been denied coverage for any type of illness or disability, it may be possible to reapply. However, to do so, you must provide for the missing information or more accurate data that prove you meet the requirements for disability under your condition’s requirements.

What Is a Reconsideration Review?

There are several levels of appeals available through the Social Security Administration to most people who receive a disability denial. One of them is called a reconsideration review. This is done within 60 days of the initial denial of your application. It is a formality in most cases. The Disability Determination Services (DDS) makes the decisions here. Most of the time, the same information is used, and the reconsideration is denied.

What Is an ALJ Hearing?

The second step in the appeals process is called an administrative law judge (ALJ) hearing. During this disability hearing, a new look is taken of your claim, including any new or additional medical evidence that is available. An appeal hearing takes place. During this process, you will be asked questions about your condition and limitations. A vocational expert may also answer questions asked of them about your abilities.

The key complication of an ALJ hearing is that it takes a long time to receive a hearing. It is an opportunity to obtain qualifications, but you must have submitted valuable information that helps showcase your needs.

What Is the Appeals Council?

The Appeals Council process is the next step. After the ALJ’s decision of denial, a person can then appeal through this method. This process looks to determine if there were any errors made in that decision, such as applying the wrong technical requirements to the claimant. In addition, it will review more substantial evidence that proves that you meet the requirements under the Social Security Administration’s listing requirements. The Appeals Council process includes several options:

· The ALJ’s decision is reversed. You receive approval.

· A remanding of the case occurs, leading to another hearing.

· Another denial is made.

What Does the Federal Court Offer?

It is the right of the claimant to take his or her case to the federal court. This is the final level of appeal. It is a lawsuit that is filed in a federal court. It is more expensive in terms of conducting if you were to still be denied for your claim. However, many people use this method when all other options have passed.

What Should You Do If You Receive a Denial?

If you receive a denial of your claim, work with an attorney who can help to ensure you get the best possible chance at winning your case in as few appeals as is necessary. There’s no guarantee that you will, but they can ensure every detail is met.

Where Can You Learn More About Reconsideration and Appeals?

At Decker Law Office, you can work with an attorney who can answer each of your questions and ensure you are reapplying with the necessary details. This may help improve your ability to secure the financial compensation that you need and deserve. Contact our attorneys to learn more.