When people suffer a disabling injury, they may need to rely on Social Security Disability Insurance (SSDI) benefits to meet their daily needs. This federal program may be the only source of income for many people following a serious accident. While the process is not very complicated, it is easy to experience delays and disputes regarding your eligibility.
If you receive a denial letter, you may want to know how long you have to appeal a Social Security decision.
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How Do I Qualify for Social Security Disability Insurance?
The Social Security Administration (SSA) thoroughly reviews every application to ensure it meets the requirements for benefits. You must complete the forms as completely and correctly as possible, providing documentation to support your injury claim.
An SSA representative will compare your application to the agency’s guidelines to verify the following conditions:
- You’ve worked for long enough and recently enough (within the last ten years).
- You’ve collected enough work credits.
- You can’t do the job you did previously.
- You aren’t able to perform any other work due to your medical condition.
- Your medical condition has already affected you for at least twelve months (or is expected to).
- Your monthly income falls below the Social Security limit.
Unless you meet all these criteria, your claim could be denied. You have the right to appeal, but you must act quickly and comply with specific requirements before you can begin the process. Filing an appeal can be confusing, so it’s best if you contact a Social Security Disability attorney to guide you through the process.
Four Steps to Appealing a Social Security Decision
Once you receive your denial letter, you have 60 days to file an appeal. You should follow this process instead of giving up or starting a new application. Either of these decisions will put you at the back of the line for consideration and delay your benefits even longer. Getting started right away gives you the best chance of success.
There are four steps in the appeals process, completed one after the other. You can keep going until you reach the Federal court level, after which the decision is final.
Reconsideration
At this level, you ask for someone else to review your application. This can improve your chances of approval since no one from the original review team will be part of your reconsideration. Also, if you’ve obtained new medical documentation since you first applied, you can submit that to strengthen your case.
Reconsideration is also available for those who were denied due to their living arrangements or income level.
Administrative Law Judge (ALJ) Hearing
If you’re still denied after reconsideration, the next step is to request an Administration Law Judge hearing. This judge will differ from the one you appeared before during your initial benefits hearing when you applied. They also won’t have had any input into your claim before they receive your case.
You can and should attend this hearing to present your documentation and arguments in your favor. Your lawyer can help you prepare for the hearing so you know what to expect.
Appeals Council Review
The next level is to request a review by the Social Security Administration’s Appeals Council. They are not required to accept your request and will review your application and the ALJ’s decision before notifying you whether they will hear your case.
If the Appeals Council decides the ALJ’s ruling is correct, your case is finished. They may return your claim to the ALJ level for another review. If they accept your request, you will receive a copy of their final action.
Federal Court Review
If you’re still denied, your final option is to file a civil action with the assistance of an attorney requesting a review in a Federal district court. Once a decision is reached in court, you have exhausted all avenues for appeal on your Social Security Disability benefits and must accept the ruling.
Don’t Delay When Your Social Security Disability Claim Has Been Denied
Remember that you only have 60 days to appeal a denial of benefits. The clock starts running when you receive the notification that your application has been denied. The SSA will presume that the 60 days starts five days after it mailed the denial letter. If you received your denial notice more than five days after it was sent, you will need to present proof showing when it was received and include this information with your appeal.
It’s crucial that you don’t delay in responding to a denial. Missing the deadline could put your right to appeal the case in jeopardy. You could lose the ability to access all levels of appeal, although it’s possible to extend the deadline in certain situations.
The SSA’s rules for appealing SSDI claims are complex, and we have barely skimmed the surface in this post. To learn more about your options and how long you have to appeal a Social Security decision, contact an experienced attorney from Krasno Krasno & Onwudinjo to schedule a free case evaluation today.