If your claim for Social Security benefits or Supplemental Security Income (SSI), disability benefits, or a non-medical issue was recently denied, you have the right to appeal our decision if you don’t agree with it. Of course, disability lawyers in Orlando can help, but here are four steps to appeal a decision:
Reconsideration (Form SSA-561):
- Reconsidering the appeal involves a thorough review of the claim by a person who was not fully or partially involved in the initial decision. We’ll look at all the evidence from the first decision and any new evidence you give us.
- If your appeal concerns a disability determination, it will be forwarded to your state’s Disability Determination Services (DDS).
- For non-medical issues like overpayments, your local Social Security office or payment center will handle the appeal.
Hearing by an Administrative Law Judge (Form HA-501):
- If you are dissatisfied with the second decision, you can request a hearing before an Administrative Law Judge (ALJ), who will impartially review your case.
- This judge is independent and not involved in previous decisions.
- The process involves submitting your hearing request to a special hearing office, receiving information about the hearing process, and being informed of your hearing date.
Review by the Appeals Council (Form HA-520):
- If you disagree with the Administrative Law Judge’s decision, you can request the Appeals Council for a thorough review.
- The Appeals Council might decide not to review your case, or they might agree to review it.
- It’s in their hand to either issue a new decision or forward your case to the ALJ for further review.
Federal Court Review
If you are in any way unsatisfied with the Appeals Council’s decision or their refusal to review your case, you can file a case in a Federal district court.
When to Appeal?
The most important thing to remember about appealing is the time limit. You only have 60 days from the date of the decision letter to request an appeal; thus, act quickly.
The Social Security Administration (SSA) assumes that you received the letter within five days of the date marked on it, unless you can prove that you received it later.
Missing this deadline could result in the forfeiture of your right to appeal, and it could even render the final decision. Extensions may be granted for valid reasons, provided they are requested in writing.
In another case, you’ll get an extension to submit your appeal when your deadline falls on a weekend or national holiday.
How to Appeal?
If you disagree with SSA’s decision, you can start the process of your appeal by submitting a written request.
- The quickest method is online via www.ssa.gov/benefits/disability/appeal.html, applicable even if residing outside the U.S.
- You can download appeal forms from www.ssa.gov/forms,
- Call at 1-800-772-1213 (TTY: 1-800-325-0778),
- Visit your local Social Security office.
To Sum Up
You can contact SSA for information by visiting https://www.ssa.gov/. You can do various things online, such as applying for benefits, getting useful details, finding publications, and getting answers to frequently asked questions.
Navigating the appeals process can be complex; consider seeking guidance from a qualified disability lawyer to assist you effectively.