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Social Security Disability Appeals |
| Date Added: May 18, 2010 06:26:13 AM |
| Author: Robert Whitney |
| Category: Society: Law |
| Applications for Social Security Disability Benefits are often denied. They can be appealed, however. There are several stages of an appeal, each with a different function. The main appeal stages are as follows: • Request for Reconsideration If your application for Social Security Disability Benefits or Supplemental Security Income is denied, you can appeal. The first appeal is called a Request for Reconsideration. You must file this appeal within 65 days of the date on the denial letter. You can file the Request for Reconsideration online at www.ssa.gov, or in person at your local Social Security Administration office. At this stage it is usually helpful to consult with Social Security disability lawyers with experience in handling appeals. After you complete the Request for Reconsideration, you must complete a Disability Report Appeal. This is similar to the Disability Report – Adult, which you completed with your application. It is different in that it asks if your conditions have changed or if you have any new conditions. It also asks if you have seen any doctors or have been treated at any clinics or hospitals since you filed the Disability Report – Adult. At this stage of the appeals process, your file will be given to a disability examiner other than the one who originally denied your claim. That disability examiner will request updated medical records and review your claim for Minnesota disability benefits. It usually takes about four or five months for Social Security to issue a decision on a Request for Reconsideration once it is received. • Request for Hearing If your Request for Reconsideration is denied, then the next appeal is called a Request for Hearing. The process for filing this Request for Hearing is the same as filing the Request for Reconsideration; it can be done online or at your local Minnesota Social Security Administration office, and must be done within 65 days of the date on the Request for Reconsideration denial letter. The evaluation process at this stage is different than that of a Request for Reconsideration. At this stage, you will get a hearing in front of an administrative law judge. The judge will hear testimony and evaluate the evidence based on the Social Security laws. • Appeals Council If the Administrative Law Judge denies your claim for disability benefits at the Hearing, then you may appeal to the Appeals Council. This appeal must be requested in writing and must be made within 60 days of the date of the Notice of Decision. The official Request for Review form, HA-520, or a letter, is accepted. The request can be filed at any Social Security office or a hearing office, or by mailing the request to: Appeals Council, Office of Disability Adjudication and Review, 5107 Leesburg Pike, Falls Church, VA 22041-3255. Robert Whitney is the author of this article on Minneapolis disability lawyer. Find more information about Minnesota disability benefits here. |
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