How the Social Security Disability Appeals Process Works

by | Jan 25, 2019 | Lawyers

If you have been denied for social security disability payments, know that all hope is not lost. You still have the option of appealing the decision to prove that your claim is valid. The first step in the process is to follow the instructions that come in the denial notice. These instructions may be difficult for some people, so it is a good idea to work with a lawyer for social security disability appeal in Stanton. There are actually different levels of appeals that can benefit from representation by a lawyer.

The First Stage

Many states require a claimant to file for reconsideration. This is a request that the case be considered a second time. However, in some jurisdictions this is not a necessary step. If the Law Offices of Norman J. Homen represent you in California, you will not need to file for reconsideration.

If you live in a jurisdiction that requires a claim review after denial, the process will take a little longer. The Disability Determination Services department will review the claim a second time. This review will be done by a fresh set of examiners. If the claim is not approved at this time, you will have the opportunity to request an administrative hearing.

Administrative Hearings

The next step in an appeal is to have a hearing at the Office of Hearing Operations. Here, an Administrative Law Judge will review the case to determine if it has merit. A lawyer For social security disability appeal Stanton can represent claimants in these types of hearings. The chances of winning your claim at this level are pretty good. Generally, about half of the claimants who go to an administrative hearing end up winning their case.

The Council of Appeals

The Appeals Council selects cases on a random basis. Therefore, there is no guarantee that your case will get to this level. Once a case is selected, the council will need to find some sort of error in the administrative hearing before hearing the case. Otherwise, the council has the authority to dismiss cases without review.

The Final Step

If you exhaust all of your other options, the case will need to go to a federal court. This is a very complicated process that requires a lawyer for social security disability appeal Stanton. Contact the Law Offices of Norman J. Homen for help at Website.com.