Social Security Disability (SSD) benefits can help support you financially while you are no longer able to work because of a disability or medical condition. Unfortunately, receiving these benefits can sometimes be easier said than done.
Aside from a lengthy application process, there is also the possibility of getting a denial. According to the Invisible Disabilities Association, the Social Security Administration (SSA) denies about 65 percent of first applications.
Nevertheless, receiving a denial is not the end of the road. You have the right to file an appeal. But just like the initial application, the appeals process can be complex.
That is why it is crucial to know what appeals entail. Here are the four stages of the appeals process and how they work:
Level 1: Request a reconsideration
You can start the appeals process by requesting reconsideration. Note that must do this within 60 days of receiving the denial. Along with your request, you need to provide additional medical information or evidence.
During this level, an evaluator will review your case —a different evaluator from the one that reviewed your first application.
Level 2: Ask for a hearing with a judge
If the reconsideration stage is still unsuccessful, the next step is to request a hearing with an administrative law judge. This will give you an opportunity to present evidence, both old and new, during the hearing.
For instance, you can show the following to prove your need for benefits:
- Medical records
- Witness statements
- Prescriptions
- Diagnostic tests
- Your testimony
Expect the judge to ask questions about your disability. Remember to keep your answers honest and clear. It is also advisable to bring a Social Security Disability attorney who can guide you through the process and advocate for you.
Level 3: Request an Appeals Council review
If you lose the hearing, you can request a review with the Appeals Council. The Appeals Council holds a higher level of authority. They can approve your claim, retain the denial or send your case back to the judge.
Level 4: Take your case to federal district court
The last option is to file a lawsuit in U.S. District Court. A judge will review your case and evidence to determine if the SSA’s denial is legally sound. If the federal court rules in your favor, you may receive SSD benefits.
The appeals process can seem intimidating, but preparation and legal guidance can make it less complex. If you are struggling to get benefits, don’t hesitate to seek help from family, friends and professionals who can guide you along the way.