The Stages of Social Security Denial Appeals
Individuals who apply for social security insurance and gets denied in the process should not worry since all is not lost. This is because there are several appeals procedures that they can follow so as to obtain the benefits that they truly deserve. They should send their request within two months from the date they received the denial letter.
In general, there are four levels of appeal that is approved by the Social Security Administration (SSA). The first one is the reconsideration, the second one is the administrative hearing, the third one is the appeals council review, and the fourth one is the federal court recap.
The abovementioned levels are extensively explained in the succeeding paragraphs. They should be checked out by those who want to become acquainted with such legal matters.
It should be noted also that the aid of social security lawyers in the mould of Ventura lawyer practitioners can be quite handy in any of the said levels of appeal.
The reconsideration process includes a thorough review of a claimant’s application by SSA personnel who did not participate in the earlier decision. Individuals who are assigned to handle the said task will analyse existing and new evidences with utmost strictness. They will perform it with utmost strictness to make sure that nothing will be left unaccounted.
A vast majority of reconsideration reviews are performed without the presence of the claimant. On the other hand, if the said individual is requesting for an appeal of a decision where he/she has become ineligible for disability insurance because of health condition issues can set a meeting with SSA personnel to state his/her reason or reasons for eligibility.
If a claimant still disagrees with the decision that has made in the reconsideration procedure, he/she can ask for an administrative hearing. The said legal process will be conducted by an administrative judge. Similar to the reconsideration stage, the judge who will handle the case did not partake in the first decision or in the reconsideration process.
With regard to the hearing, it will be done within 70 to 75 miles of the claimant’s place of residence. The administrative judge will send a notification with regard to the place and time of the administrative hearing.
The claimant and his/her representative (if there is any) are encouraged to attend the hearing to clarify their case in person. They may refer to the data that they submitted and submit additional evidence that they have in their possession.
The administrative hearing is crucial that is why it would be wise to have a social security legal expert that is in the mould of Ventura lawyer practitioners.
If the claimant still does not agree with the decision in the administrative hearing, he/she can end an appeal to the SSA Appeals Council. Afterwards, the said governing body will look at the submitted request for review.
Those who submit re-application in Appeals Council should not rejoice because there is a possibility that their request for hearing will be junked. This will happen if the mentioned governing body believes that the decision in the administrative council was correct.
Assuming that the Appeals Council votes to deny the claimant’s request for review, its personnel will send documents explaining the reason for the denial. However, if the Appeals Council decides to push through with the review, the case will be re-sent to the administrative more extensive and more systematic reviews.
The last level of SSA appeals is through the intervention of the federal court. If the claimant disagrees with the decision of the three governing bodies that are mentioned above, it is his/her legal right to file a law suit to the nearest federal court.
The claimant should also send the SSA letter that extensively acknowledges the action of the Appeals Council. This is important because the information on the said letter play essential roles in a claimant’s case.
As mentioned above, claimants who do not agree with a social disability decision should not lose hope because there is still hope for them. This is because they can send their appeal to the Reconsideration Body, the Administrative Judge, the Appeals Council, and then the Federal Court afterwards.
It should be noted the whole process can be legally challenging. For this reason, ordinary individuals need the help of legal experts that are as knowledgeable and experienced as Ventura Lawyer practitioners and other reputable legal personnel.
While the employment of such experts may translate to additional expenses, claimants should bear in mind that it is a worthwhile and notable investment that has many endless benefits.
Furthermore, getting the right one is easy because interested individuals can easily perform background checks via the Internet and then interview potential candidates. This means that they do not need to leave their home to review the credentials of the personnel that they need.