What is involved in the Appeals Process?
If you have received a denial of benefits there is a Social Security Disability appeals process. As with any governmental process, there are certain procedures one must follow. According to the Social Security Administration, if you wish to appeal, you must make your request in writing within 60 days of the date of the denial letter. In most states there are four levels of appeal.
They are:
- Reconsideration
- Hearing by an Administrative Law Judge
- Review by the Appeals Council
- Federal Court
Do I Need a Lawyer?
Having an Social Security Disability attorney at any stage of the process of filing your claim for Social Security Disability benefits greatly enhances the probability of having a the claim accepted.
However, at this stage in the process, time is of the essence because you must file your appeal in writing within 60 days of receiving the denial of benefits letter. In addition one must be prepared to appear in front of an Administrative Law Judge, and to advocate with the Appeals Council, or even a federal court, all with increasing levels of complexity.
The statistics show that far more claims are awarded when the claimants have experienced attorneys representing them, and almost every Administrative Law Judge will tell you that they prefer claimants to be represented.Most social security attorneys work on contingency fee basis-that means no money up front, no hourly fees. The Social Security Administration must approve attorney’s fees and the fee agreement with SSA in every case. In Social Security Disability cases, attorneys’ fees are regulated and usually capped by federal statute, and attorneys’ fees are paid when you get paid.