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FAQs on Appealing a Denied Claim
As majority of most social security claims are often denied by the Social Security Administration (SSA), claimants are given the privilege of appealing the decision rendered by the agency adverse to them.
All programs implemented by the SSA are subject to appeal as their determination and decision in the grant of benefits may be incorrect. There are instance where there was misappreciation of evidence and oftentimes, a claimant may just have simply passed incomplete information which failed to prove his claim.
But while appealing a denied claim is a right for all social security applicants, it does not automatically follow that you automatically receive benefits after you appeal. You would still have to prove and establish your eligibility for whichever social security benefits you apply for. Thus, when going through the process of appeal, it would be best to have a social security lawyer assist you or at least, a representative experienced in social security.
Here is a short but substantial FAQs on appealing a denied claim:
- What are the modes of appeal one can avail of if your claim is denied?
- Is there a time limit when filing an appeal?
- Are all appeals required to be made in person?
For every time your claim is rejected, you may choose to appeal such decision and go through different processes.
When your claim is rejected at the initial stage, you may request for a reconsideration of said decision. When your case has been reconsidered and the decision is still adverse, you may then ask for a hearing before an administrative law judge. If you still disagree with the judgment rendered, you may ask for a review by Social Security’s Appeals Council. However, if throughout all of these, your claim is still denied, you may resort to filing a lawsuit in a federal district court.
Appeals should be made through a request in writing within 60 days from the date the letter of the SSA informing you of the decision is received. It is assumed that this letter shall be received 5 days after the date on the letter unless you can prove that you received it later.
It is not necessary for the applicant/appellant to have to appear personally before the Administrative Law Judge in a hearing or before the Appeals Council. If you are disabled, you also have the option of having a hearing by a video conference. Further, if you are unable to attend a hearing or do not wish to do so, you are required to explain why in writing. Usually, you will not be required to attend unless the ALJ believes your presence is necessary to decide your case and are required to do so.
If you have further questions about appealing a denied claim, you may call your local social security field office. You also have the choice of hiring a lawyer at this point so as to lessen the hassle of handling an appeal in your case.
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