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DISABILITY APPEALS

Social Security Disability Definitions

This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning.
Appeals are offered to social security disability claimants at all levels, save the last---federal district court (when claimants lose in federal court, they can either give up, or start a brand new claim for monthly benefits and backpay).

The first appeal available to a disability claimant is the reconsideration. A reconsideration may be requested after the denial of an initial claim (within 60 days from the date of the denial).



The second appeal available to a disability claimant is the hearing before an administrative law judge. An "ALJ hearing" may be requested after the denial of a reconsideration (again, within 60 days from the date of the recon's denial).

The third appeal available to a disability claimant is the review, by the Appeals council, of an Administrative Law Judge's decision.

At the appeals council, a judge's decision may be reviewed for errors that are either technical in nature (for example, applying the wrong "age rules" to a claimant and denying their claim on that basis) or more substantial (such as failing to consider medical evidence that was available at the time of the hearing).

The appeals council has available to it several options:
  1. Reversing a judge's decision and granting an approval.
  2. Remanding a case (i.e. finding fault with a judge's decision and ordering that a second hearing be held).
    or
  3. Simply issuing another denial (the wording of this type of denial letter states "your request for review is denied").
The fourth and final appeal available to a disability claimant is a suit filed in federal district court. This option can be utilized when a claimant's case has been denied by the appeals council.



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For additional information regarding Social Security Disability and SSI disability appeals, the following links may be helpful:

How do you start an appeal for social security disability

Winning at a disability hearing

The appeals process for disability claims

Appealing disability claims

Appeals for disability

How does social security decide appeals ?























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