The Social Security Disability Appeals Process
Understand Your Rights With an Experienced Alabama Lawyer
The vast majority of initial applications for Social Security disability benefits are denied initially by the Social Security Administration (SSA). Fortunately, applicants whose claims have been denied have the right to have their cases looked at again. The disability appeals process allows denied applicants the right to request a hearing before an administrative law judge.
If you wish to appeal a decision, you need to make a request in writing within 60 days from the date you receive your denial letter.
While the appeals process is lengthy and complicated, an experienced attorney can help guide you through it while protecting your rights. At Burke, Harvey & Frankowski, we help clients draft and submit appeals requests and help them during all steps of the appeals process. Our lawyers have a proven record of success in helping clients in Birmingham and all over the state of Alabama obtain the SSD benefits that they deserve. We also pursue claims on behalf of individuals in the Southeast. Contact us and learn more information about SSD denied claims and the SSD appeals process.
Levels of Appeal in Social Security Disability
There are four levels of appeal in the SSD benefit appeals process. These levels include:
- Reconsideration
- A hearing with an administrative law judge
- Review by the Appeals Council
- Federal court review
In a reconsideration, a complete review of the initial claim is made by someone who was not part of the original decision. All originally submitted evidence, plus any new evidence, is examined and a new decision is made.
If you do not agree with the reconsideration decision, then you may file for a hearing with an administrative law judge. Prior to the hearing, you may need to provide more or new evidence to help clarify information about your claim. It may take several months or longer to get a hearing, but there are ways that we may be able to expedite the process.
When you have a strong case and have all the medical records submitted to the SSA, you may request an on-the-record decision. You may also request a "dire need" designation if your circumstances are about to be negatively changed — such as foreclosure on your home — and these changes may be effected by the decision on your appeal. This also includes cases of terminal illness.
Contact Us for a Free Initial Consultation and
Appeal a Social Security Disability Decision
If you wish to file an appeal on a denied Social Security Disability claim, contact us and let us help you guide you through the process. At Burke, Harvey & Frankowski, we can answer your questions about the appeals process and give you the advice you need to expedite your claim. Call us in Birmingham at 205-588-4057 or toll free at 888-880-9046.
