How To Apply For A Social Security Appeal
When you have an accident and you become disabled and you cannot get a job, or if you were born with a disability, you can qualify for social security disability benefits, however if you are denied, you have the right to apply for a social security appeal. You will be able to go through one or 3 processes in order to make your claim and correct the decision that has been made. One of the most important things when you do make an appeal, and you go before a court, is that you have to have attorneys on your side. You can handle the social security appeal yourself, but this can be hard to do as the committee will look at everything again including the parts of the decision that were in your favor.
How you go about filing for an appeal is quite simple. You will receive a notification letter about the decision of denial and then you will have 60 days to make your appeal in writing to the SSA or Social Security Administration. In the initial letter that you receive from them regarding your appeal, they will indicate how you must appeal and where you can appeal to.
There are three levels of appeal. The first level is a hearing before an administrative law judge, the second is a review before the Appeals Council, and the last level is to have a review by the federal court. Once you have appeared in one of these three appeals procedures you will get a further notification as to whether your appeal has been accepted or not. You will have to provide proof of your disability and various witnesses can also testify on your behalf. Appealing private disability claims is also something that you can do if you have a lawyer who you can use to help in the court case. This is a stricter process and the insurance appeal will be considered according to whether or not your insurance policy is covered by ERISA which is the Employee Retirement Income Security Act of 1976. You are able to appeal the decision made on your private insurance policy for disability by filing a civil lawsuit if you don’t have this.
With a social security appeal, your hearing is normally held within 75 miles of your home and a different judge has to preside over the hearing to give an impartial decision. You will give the judge all the information you have, including any new information, and you will also get a chance to explain your situation. If you are not happy with the hearing, you can then request a review by the Social Security’s Appeal Council. If this is not done or if you are not happy with the decision they have made, you can then file a lawsuit with a federal district court.
You can make these appeals in writing, but you can also find out more and learn about applying for social security disability online, by visiting the social security website. You can also contact them to find out how you can go about making your application for a social security appeal.