As discussed above, only about one-third of initial SSDI claims are approved upon filing. This means that applicants should actually expect their claims to be denied and that they will have to appeal. It is important that you know that you can appeal the decision of the Social Security Administration.
Countless applicants miss out on benefits that they may be entitled to receive simply because they did not follow through with the appeals process. When your claim is denied, the Social Security Administration should send you a denial notice. This notice will contain a short description of your case and a brief explanation of why your claim was denied.
Below is a brief discussion of the steps you should take to appeal the denial of your disability benefits. Consulting with a well-informed Chicago disability attorney can help increase the likelihood of success upon appeal and can help ensure that you file the necessary documentation by the required deadlines.
– File a Request for Reconsideration –A Request for Reconsideration is an official Social Security Administration form. The details and deadlines for filing this request will be included on the denial notice. Importantly, applicants have only 60 days to file a Request for Reconsideration, so it is important to act quickly.
– Request Administrative Law Judge Hearing –If your claim was denied after you requested reconsideration, as many are, you can file a request for a hearing with an Administrative Law Judge. According to commonly-published statistics, about half of claimants who go to a hearing win their cases.
– Social Security Appeals Council –The function of the Social Security Appeals Council is to review decisions made by the Administrative Law Judge. If your claim was denied at the prior hearing, you can appeal the decision to this council. If you reach the Social Security Appeals Council and your claim is still denied, you do have the right to appeal the decision in federal court.
The Comerford Law Office has years of experience representing clients at all stages of their SSDI claim. If your claim has been denied, do not panic. We understand the financial pressure you may be under in the absence of receiving benefits. We will guide you through the complex and detailed process of appealing your claim. Contact us today for a free consultation today.