If you have been denied Social Security disability, you may wonder what options you have and what appeal options may be available. It is important for disabled individuals applying for SSD benefits to keep in mind that the majority of applications for Social Security disability are initially denied. If your claim for disability benefits has been denied, you are able to appeal through a process called a request for reconsideration of the decision to deny the claim which is the first part of the Social Security disability appeals process.
Social Security disability benefits are important for many disabled Americans struggling with an inability to work and, at times, struggling to survive. There are nearly 9 million Americans who currently rely on Social Security disability (SSD) benefits. When a disabled individual has been denied social security, they may struggle to understand why but is it is important for them to be aware that there are additional options, including the appeals' process, to pursue if they have been denied disability benefits.
Many Ohioans know that receiving a letter from the Social Security Administration can be a stressful moment, especially if one is waiting for a decision on an application for disability benefits. If the envelope contains a letter stating that the application has been denied, the stress level can escalate dramatically and persist for days or weeks. Most people who receive such a letter do not fully understand how to protect their rights. In this post, we want to cover the basics of SSD benefits appeals.
We have previously discussed many facets of the hearing and appeals process for Social Security Disability Insurance or Supplemental Security Income As you may remember, if your application is denied by a case worker at the Social Security Administration, and a reconsideration doesn't work, you can request a hearing before an Administrative Law Judge. One problem that may crop up, though, is that the ALJs are generally situated in cities that not all applicants will live nearby. After all, Ohio is a pretty big state. So what happens if you can't afford to travel to your hearing?
We have previously discussed several aspects of the hearings and appeals process for people who have been denied benefits for Social Security Disability Insurance or Supplemental Security Income. As a reminder, these hearings happen only after the Social Security Administration has made a negative decision on an application, and a review by a different SSA officer has reached the same conclusion. The hearings are held before an Administrative Law Judge.
This blog has previously discussed the various way in which people who have been denied Social Security Disability Insurance or Supplemental Security Income benefits by the Social Security Administration can go about getting that decision reviewed. To refresh, first the applicant would request a second, separate review of the application be the agency. Then, the applicant would request a hearing in front of an Administrative Law Judge. If the person is still denied, he or she can request review by the Appeals Council. If that body denies the application or refuses to review it, the only recourse an applicant would have is a lawsuit in federal court.
We have previously touched on the process of reconsideration and appeal that an applicant for Social Security Disability Insurance or Supplemental Security Income benefits can go through if the Social Security Administration denies his or her application. We have also mentioned the fact that those who hear such appeals, Administrative Law Judges, are human beings. As such, they are susceptible to all the shortcomings of humanity, such as bias, fear and just plain poor judgement.
As previous posts have mentioned, many, if not most applications for Social Security Disability Insurance and Supplemental Security Income benefits are rejected by the Social Security Administration or its state arm, Disability Determination Services. Previous posts have also discussed the time limits within which to request reconsideration or appeal a decision, as well as the greater general statistical probability of an application being approved by an Administrative Law Judge. However, applications don't magically become better when viewed in a hearing setting. The applicant needs to be as prepared as possible to present the best case to the ALJ to increase the odds of approval.
Previously, this blog touched on the basic process that you could expect if your claim for Social Security Disability Insurance or SSDI or Supplemental Security Income or SSI benefits is denied, and you decide to appeal. You may recall that the third step of the process, after initial application and request for reconsideration be the Social Security Administration, is a hearing in front of an Administrative Law Judge or ALJ.