The Social Security Disability Insurance application can be a daunting task due to the fact that you have to talk about the disability and also fill out the complicated applications. When a claim has been denied, you do have the right to appeal. There are many instances in which legitimate claims have been denied to later be approved. To achieve this, you have to appeal the initial decision and your SSDI lawyer can help you with this.
SSDI Appeals Levels
There are four levels of appeals. They are:
- Asking the Minnesota DDS caseworker for reconsideration in order to determine whether or not the initial decision was the correct one. These reviews do not typically result in the overturning of the judge's decision.
- Requesting an administration hearing. This is a formal hearing that occurs before an administrative law judge. You may request this hearing because you do not agree with the initial decision. These judges are objective in the matter.
- You can ask the SSA Appeals Council to do a review of the case. The council will look at your case and the decision that the administrative law judge made. These individuals do not usually overturn the judge's decision.
- The appeal is then taken to the U.S. Federal District Court. There are not many claimants whose cases are heard at this level. However, the initial decision is most likely to be overturned at this level than when the matter is reviewed by the SSA Appeals Council.
Requesting Reconsideration Of A Denial
When you request the denial to be reconsidered, you have to submit a request for reconsideration. There is also a Reconsideration Disability Report and an Authorization for Source to Source Release Information form to fill out. These forms will be completed for reconsideration when you receive a letter from the Social Security Administration that tells you that your claim was denied. The letter informs you that you have the right to appeal. Your SSDI attorney can help you fill out these forms and file them.
When the reconsideration process occurs, it is a total review of the initial claim. A medical consultant may be selected to assist in the matter. This individual most likely was not a part of the initial decision. Because of this, it is possible for the initial decision to be overturned. In other words, the odds of the decision being reversed increase significantly at this level. If not, then you and your attorney can proceed to the next step.
Contact A Chaska & Mankato SSDI Lawyer
SSDI claims are not always approved the first time around, which is why the appeals process exists. The appeals process has to be approached carefully and methodically. At the Reitan Law Office, PLLC, we will ensure the appeals process is carried out properly so the chances of being approved increase for you and you can receive the benefits that you deserve. To learn more, call the Mankato office at 507-388-1800 or the Chaska office at 952-448-2800 for a free case evaluation.