If Your Social Security Disability Claim is Denied

If your claim for Social Security benefits is denied, you have the right to an appeal. Injured workers have the right to request a hearing in their Social Security disability case. A North Carolina lawyer versed in the rules and regulations of Social Security Disability can advise you of the legal recourse available to you if your claim is denied, including filing a Request for Hearing, an Appeals Council Review, and/or action in Federal Court.

A written request for reconsideration of your claim is the first step in the case of a denial appeal. As with an appeal at any level, this request must be filed within 60 days of notification of denial, reduction, or termination of benefits.

How Long Do I Have to Appeal?

There are essentially four stages of Social Security disability cases. Unfortunately, many applicants for Social Security disability benefits are denied at the initial application. You have 60 days to appeal after a denied Social Security claim. In many states, there is a reconsideration stage in which your application is again reviewed. After the reconsideration decision, you will have another 60 days to file a Request for a Hearing.

At the hearing stage, your case is argued before an Administrative Law Judge. If you are denied at a hearing, you have 60 days to appeal to the Appeals Council for a review of your case. If you lose at the Appeals Council, you have the right to file in federal court. Filing a federal action is generally difficult and requires the counsel of a Social Security disability lawyer.

Getting a Hearing on a Social Security Case

The wait for a Social Security hearing can seem exceedingly slow. On average, it takes about seventeen to twenty-four months to get a hearing docketed before an Administrative Law Judge. However some Administrative Law Judges will accept what is called an “on-the-record” motion in order to expedite your case. Such a document requests that the judge grant benefits without a hearing due to overwhelmingly strong medical evidence of disability. Workers who are over 50 years of age may have a better chance of getting “on-the-record” decisions. After reviewing the medical evidence in your case, a North Carolina Social Security disability lawyer may be able to help you expedite your case if you have lost an appeal. If you feel the medical evidence in your case is exceptionally strong and you have not been granted a hearing, consider calling us today.

Social Security Hearings

The first opportunity you may have to explain your disability to someone within the Social Security Administration is at the Administrative Law Judge hearing. At the hearing you or your designated representative, such as your Social Security disability lawyer, will answer questions related to your disability, what caused your injury, and your work history. Evidence related to your disability, such as medical records and doctor's reports, should be presented to the judge to support your disability case.