The Levels of Appeal for Social Security Disability Cases
Appealing a disability benefits denial starts out simple and becomes more legally complex as you go from one level to the next:
- Reconsideration. Step one is asking Social Security to have a different claims examiner re-look at your case. Most of the time, Social Security doesn’t change its decision. But you have to file for reconsideration to keep your case alive for the next step.
- Administrative Law Judge (ALJ) Hearing. If you’re not awarded benefits on reconsideration, you can go to a hearing with a special kind of judge. This may be the most important moment in your case and your best chance to get benefits. It’s the only time you get to tell a Social Security decision-maker face to face why you need benefits.
- Appeals Council. If the ALJ doesn’t approve your benefits, your next step is the Social Security Administration’s Appeals Council, a group of judges that oversees disability benefits rulings. Your goal here is to show that the hearing judge made mistakes.
- Federal Court. If you’ve gone to the Appeals Council and they didn’t reverse your denial, you’ve exhausted your options within the Social Security system. Now you can go outside the disability system and file a lawsuit in federal court, asking a federal judge to rule that Social Security wrongfully denied your benefits.
The Tulsa disability lawyers at Troutman & Troutman can help you at every step. Some lawyers only handle cases through the ALJ hearing. Our disability attorneys have extensive experience at the Appeals Council and federal court levels, too.
If you were denied for Social Security Disability benefits, have our disability law firm look at your case and make a plan for how to appeal. Your initial case review is FREE.
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What Can Happen at Each Level of Appeal of an SSDI Denial?
At each step of appealing an SSDI denial, your disability claim can go in different directions:
- At Reconsideration: You send in more evidence and update your information to correct the reasons you were denied. Social Security could decide to approve your benefits now, but more likely you’ll need to see a judge.
- At the ALJ Hearing. You’ll submit evidence and arguments before the hearing. You’ll testify at the hearing. Medical experts and experts on employment and the job market could testify about you. The judge could deny, approve, or partially approve your benefits. A “partially favorable” decision means the judge grants your disability benefits but says your qualifying impairment started at a later date than you requested or lasted a certain time and then ended.
- At Appeals Council. The Appeals Council could award benefits, deny benefits or send your case back to the ALJ with instructions to reconsider their denial ruling. This is all handled through paperwork. You won’t meet with the Council in person.
- At Federal Court. A federal judge can say Social Security was correct in denying your disability benefits. They can also approve your benefits, but that’s rare. Your main goal is to get the judge to rule that a legal error by Social Security requires them to re-do their decision. It’s all done through court filings. At this level, you have to work with a disability attorney who is admitted to practice in federal court.
The timeframe for appealing can be months—or even years, if you have to appeal your case to the highest levels.
It’s often better to appeal than to file a new application, though, because your original application date was earlier, and you could get more back pay as a result.
You’re already overwhelmed by health problems and money worries. This process is a lot to take on. So get a skilled disability lawyer to take it on for you—and rest easier.
You pay no lawyer fee unless you win benefits and reach a better situation.
Contact Us Today! »Wherever You Are in the Disability Benefits Process, We Can Help
You may be trying to determine if Social Security Disability benefits are right for you. You may be facing a long, complicated benefits application. Or you’ve applied and been denied. Now what? The Troutman & Troutman Oklahoma disability attorneys can help.
Disability Attorneys Answer Your Questions about Social Security
Your life has been disrupted by health problems. You’ve had to leave work. You’re worried about money. Social Security Disability benefits can provide relief, but they’re complicated. You’ve got a lot of questions. The Troutman & Troutman Tulsa disability lawyers have answers.
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