Monday, February 24, 2014

Appealing a Denied SSDI/SSI Claim

A recent accident has rendered your body’s lower half temporarily paralyzed. You are now unfit for work as a skyscraper window washer for an indefinite time period. Problem is, when you applied for a Social Security Disability Insurance claim, your claim got denied and you’re left dumfounded, asking why.
Fortunately, the journey doesn’t have to end there. Eligible persons have the right to appeal for their denied insurance claim. These can occur at any of the social security system’s three claim appeal processing tiers.
The first level is the Reconsideration phase. Here, the person has the chance to submit his counter-statement, additional evidence, and all other requirements that might have gotten missed before. If the person meets all conditions, the claim will be approved.
If denied a second time, the claimant can go up to the Hearing phase. This is significantly longer – fifteen months is usually needed for a hearing to be scheduled. This can be done within 75 miles of your residence, or by video conferencing. You can present yourself alone or with a lawyer to an administrative law judge, some medical experts, and you may call in witnesses.

With the third denial, the claimant can request an Appeals Council review of the Administrative Law Judge’s decision. If the claim is denied for the fourth time, the person has the basic right to seek a social security lawyer and take the case up to the Federal Court. 

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