Obtaining your Social Security Disability benefits may be the lifeline needed when you cannot go to work due to being seriously injured or having a disability. This benefit may be vital in sustaining a quality life and serving in place of your regular paycheck. Thus, it is crucial to get your Social Security Disability application approved in a timely manner. However, getting the SSA’s approval for the initial application is tough. It is estimated that only about 38% of Social Security Disability applicants are approved at the initial application, and only about 50% of the applicants who appealed were ultimately approved by the Social Security Administration (SSA). Given the stats noted above, it is essential to know what to do and expect when your initial Social Security Disability application is denied.
You may appeal the decision based on the following four levels of appeal if the SSA has denied your initial social security benefits application claim and disagree with their decision.
Four Levels of Social Security Disability Application Appeals
Appeal From Denial of Initial Benefits
The denied applicant has 60 days to request reconsideration of a decision of denial. Additional information may be supplied to Social Security with the request for reconsideration.
Appeal From Denial of Reconsideration Claim
Within 60 days of the denial of reconsideration, then the applicant can request a hearing before an administrative law judge (ALJ). However, if the applicant fails to request a hearing within 60 days, then the appeal process stops unless the applicant has a convincing reason for not filing it within 60 days.
Appeal From Denial of Claim Before the Administrative Law Judge (ALJ)
A denial by the administrative law judge can be appealed by filing a request to review the hearing record with the Appeals Council. The applicant has 60 days to request a review of the Administrative Law Judge’s (ALJ) decision. A review may be granted for an abuse of discretion by the ALJ, for an error of law, or if the judge’s findings were not supported by substantial evidence.
Appeal From the Denial By Appeals Council
If the Appeal Council’s review (or request for review) is denied, a complaint needs to be filed in the federal district court within 60 days of the denial of the appeal by the Appeals Counci
Are There a Set Number of Times an Applicant Can Appeal Their Denied SSDI Application?
Generally, no.
The SSA has yet to set an exact number of times an applicant can appeal their SSDI application with either the administration or the governing body. However, the appeal filed by the applicant is limited to the abovementioned appeals. So long as the appeals filed by the applicant are within the deadline and requirements listed in the four levels of appeal, then the applicant can be allowed to appeal the decision.
If you or a loved one is eligible to claim Social Security Disability (SSD), you can count on us to assist you in filing your claim. At McKown and Myers, it’s our job to help Hoosiers like you get the compensation they need to get medical treatment and support their families. We’re here to answer your questions about your SSD application – call 765-668-7531 or complete our contact form here. There’s no obligation – we’re here to help.