If your initial application for Social Security Disability Insurance (SSDI) has been denied, you are not alone. Between 62 and 65 percent of initial applications are denied. Fortunately, there are four levels of appeal available — you don’t have to accept “no” until you’ve been through all four processes.
First Appeal: Reconsideration
In this stage, a new disability examiner who was not involved in the first decision will review your claim. You also have the opportunity to submit additional, updated medical records and new evidence. To ensure your application is evaluated as quickly and thoroughly as possible, your medical records and employment information should be fully complete and easy to obtain. It may take three to six months for a decision.
Second Appeal: Administrative Law Judge (ALJ) Hearing
Claimants’ representatives like those of us at Jeffrey Freedman Attorneys, PLLC, consider this stage to be the best opportunity to present a case that has been denied. In the first two stages, the reviewer only sees the paperwork and medical documents that represent the client. At the Hearing level, the ALJ hears your testimony as to how your condition affects your daily life and your ability to work. Hearings are typically held by phone conference.
Our staff ensures the ALJ has the complete records for our clients and coaches claimants on how to present their story in the best way. We also develop legal arguments in support of the claim. This stage can also take about eight to 10 months.
Third Appeal: The Appeals Council Review
If the ALJ denies your claim, the next option is to ask for a review by the Appeals Council. This council will review the ALJ’s decision, making sure all legal and procedural processes have been followed. The main role of the Appeals Council is to assess whether the ALJ’s decision was made according to Social Security’s rules.
This can be a frustrating stage for claimants, however, be assured the Council is reviewing records, legal findings and documents to determine if the ALJ properly applied the law and evaluated the evidence. The results at this stage can go one of three ways: your claim is approved; it is sent back to the ALJ for further review; or it is denied again. It can take another 10 to 12 months to get through this stage.
Fourth Level of Appeal: Federal Court
At this stage we file a civil action in a federal district court and the case moves outside the Social Security Administration into the judicial system. Although not many claims reach this level, our attorneys are very experienced in these appeals. A federal judge will review the administrative record and decide if Social Security has properly applied the law in evaluating your claim. They may uphold previous decisions, send the case back for further review, or — rule in your favor. An appeal to a Federal Court can take 12 to 18 months to resolve.
Don’t get discouraged
While it’s good to know you can appeal more than once, don’t let it discourage you. Our offices deal with the four stages every day. Our goals are to meet the SSA’s deadlines, provide the detailed documentation, and get you through the challenges of the review process each step of the way. We advise you to take it one step at a time and to remember — we’re behind you, providing the representation you need to be successful in getting the benefits you deserve.
At Jeffrey Freedman Attorneys PLLC, we provide free consultations for anyone seeking advice on pursuing an SSDI or Supplemental Security Income case. Contact us for a case review below or call 1-800-343-8537.
