One thing you must be prepared for when applying for Social Security disability is dealing with rejection. Indeed, Social Security denies the majority of disability claims the first time around. That is why you need to understand the process for appealing such denials and how you can turn that denial into an approval.
The Four Levels of Disability Appeals
There are four levels of appeal concerning Social Security disability claims:
- Reconsideration: Your first appeal following a denial of your application involves asking for reconsideration. This is an informal process where an examiner at your local Social Security office, someone other than the examiner who denied your claim initially, conducts a complete review of your application.
- Administrative Law Judge: If reconsideration fails, your next step is to request a formal disability appeal hearing before an Administrative Law Judge, a Social Security employee who did not take part in your initial review or reconsideration of your application. Most successful appeals of disability denials occur at this stage.
- Appeals Council: If the Administrative Law Judge denies your application following a hearing, the next step is to request a review from Social Security’s Appeals Council. Unlike the previous two stages, you do not have an automatic right to an Appeals Council review. The Council must first decide whether to hear your appeal. The Appeals Council can issue a new decision granting your application or return the case to the Administrative Law Judge for a new hearing.
- Federal Court Review: If the Appeals Council decides not to review your case, or otherwise denies your appeal, you may then file a civil lawsuit against Social Security in federal district court. If you live in Rockford, Illinois, you would file your case in the United States District Court for the Northern District of Illinois.
Please note there are strict time limits at each stage of the appeals process. For example, once you receive an initial denial of your Social Security disability application, you have 60 days from the date of the notice to ask for reconsideration. If you miss this or any subsequent filing deadline, you will likely lose your right to proceed with your appeal.
What You Need to Prove in an Appeal
Most Social Security disability claims are denied the first time because the initial examiner determines the applicant’s medical condition does not qualify as “disabling”, that is, it does not prevent the applicant from working a full-time job. If you find yourself in this position, you need to push back during the appeals process by providing additional information about your medical condition and its effect on your ability to work. For example, if you have not already done so, you should obtain a letter from your treating physician, also known as a medical source statement, that provides an up-to-date diagnosis of your condition, its severity, and their expert’s opinion on your inability to work as a result.
You can also improve your chances of a successful appeal by working with a qualified Rockford Social Security disability attorney throughout each stage of the process. If you would like to speak with a lawyer about your case, call Tuite Law today at (815) 965-5777 to schedule a free consultation.
