18 Oct Social Security Disability Appeals

Many veterans are denied at the initial application level of the disability process. In fact, it is estimated that this is the case for 70% of claimants. The appeals process gives these claimants another chance for approval.

Why Appeal?

The chance of approval increases during the disability appeals process. Claims will be reviewed and re-evaluated with the addition of new or more thorough evidence. Applicants who wish to appeal the decision must do so quickly. The SSA requires a request for appeal be submitted within 60 days of the denial.

Applicants may file an appeal on their own. However, attorney assistance is strongly advised. Disability Attorneys and advocates will prepare all necessary documents and guide you through the process. This is particularly true at the hearing stage. Certain individuals may be present to testify about the claimants ability to perform work. To ensure a successful cross examination, a skilled professional is advised. To speak to Victory Disability about handling your appeal, call 866-350-7229.

Reconsideration

After an applicant requests an appeal, the claim moves to the Reconsideration stage. A claim examiner will review the claim, along with any new records that have been introduced. A new decision will be reached within one to five months.

Not all states have a reconsideration level. Exceptions include: Alabama, Alaska, California, Colorado, Louisiana, Michigan, Missouri, New Hampshire, New York, and Pennsylvania.

ALJ Hearing

A hearing before an Administrative Law Judge is the next step in the appeals process. A claimant may request a hearing if they have been denied at the Reconsideration level. An ALJ will make a decision on the claim based upon the all of the evidence and the claimant’s testimony. A witness, vocational expert, or doctor may also be present to testify about the claimant’s ability to work. This stage of the process has the longest wait time of 18-24 months. However, this stage also has the highest approval rating.

This is the first step in the appeals process for the aforementioned states.

Appeals Council

If the hearing before an ALJ results in denial, the claimant can appeal the decision yet again. The Appeals Council will look over the ALJ’s decision to determine if there was any error. The denial can be overturned, a retrial can be called, or the denial can stand.

When another denial is issued, claimants have one last option to appeal at Federal Court.

Victory Disability

Vets Disability Guide is published by Victory Disability. We are a law firm that specializes in assisting veterans with Social Security Disability and VA disability claims. Since our founding in 2014, we have assisted over 7,500 veterans with their claims and disability appeals. Victory Disability has a network of over 200 Attorneys to provide assistance nationwide. To see what others are saying about us, visit Victory Disability’s Google Reviews. To find out if you qualify for SSDI, complete our disability evaluation.