Applying for disability benefits is a long, often complex process. In fact, many people receive denials upon their initial application, which can leave them reeling when lacking the funds to cover basic living expenses.
Fortunately, it is possible to appeal an SSD denial and provide further information to strengthen your case. Here are a few things you can expect during the process.
Reconsideration
When medical reasons factor into a denial, you can request a reconsideration. In this case, someone who was not involved in the previous application will review the information that you provided. They will also accept new information that can show how your medical issue prevents you from holding gainful employment and taking care of your financial obligations. It is also possible to request a reconsideration for a non-medical reason, such as financial resources.
Administrative hearing
The reconsideration will either agree with your claim or issue another denial. In this case, you can appeal the latest denial at a hearing. An administrative law judge will conduct the hearing, and once again this person will be new to the process. You can request a hearing for a denial based on a medical or non-medical issue.
Request for review
The Appeals Council is the next step after receiving a denial. This process involves looking at prior decisions and comparing them to the current laws and regulations in place. The council can choose not to hear your appeal, or they can issue a decision upholding the previous one. They may also issue a brand-new decision.
The final step is filing a civil action to have the denial overturned. In this case, you must file the case with a Federal district court, who will then determine whether the applicant should receive benefits based on their review.