Friday, August 17, 2012

How to Appeal a Disability Ruling





Initial Appeals Level (Reconsideration)
1. Review the letter of decision regarding your eligibility for disability benefits. The notice will explain why you were denied of benefits or if you were found to be eligible, why you received the benefit amount to which you are entitled.
2. Find out which level of the appeals process for which you are eligible by referring to the letter. If this is your first time appealing, you are in the 'reconsideration' stage. For second-time appeals, you will need to request a hearing. The third level is the council review and the final step in the appeals process is a federal court review.

3. Download, print out and complete the forms for reconsideration: Request for Reconsideration, Appeal Disability Report and Authorization to Disclose Information to SSA. You may find all forms online on the SSA's Web page titled 'Social Security Forms.' Or, if you prefer, you may complete these forms electronically; go to the SSA's Internet Appeals page for directions.
4. Locate the evidence that you would like the SSA to review when reconsidering your case; examples of evidence include medical records that you didn't submit to the SSA during your initial application for benefits.
5. Find your local SSA office and mail the three forms and any evidence you have to that office. You can find your local Social Security office by using the office locator on SSA's website or by calling the SSA at 800-772-1213. Or, if you completed the forms electronically, submit them online to the SSA.
6. Await a decision from Social Security. You will receive a written notification of the new ruling.
Subsequent Appeals Levels (Hearing, Council Review and Federal Court Case)
7. Proceed to the next level of appeals (a hearing) if you still do not agree with the SSA's ruling concerning your disability claim.Download, print out and complete the Request for Hearing by Administrative Law Judge, Appeal Disability Report and Authorization to Disclose Information forms; see the 'Social Security Forms' Web page for the documents. Or, you may also complete these forms electronically using SSA's Internet Appeal page.
8. Submit the forms to your local SSA office or online at SSA's Internet Appeal page and wait for a decision.
9. Move on to the next level, appeals council review, if you are still unsatisfied. Print out and complete a Request for Review of Hearing Decision/Order of Administrative Law Judge from SSA's website.
10. Submit the form to your local office and wait for a decision in writing.
11. Proceed to the next and final level of appeals, federal court review, if you are still in disagreement with Social Security's ruling. Contact an attorney and have him file a U.S. District Court case against the SSA. An attorney is required at this final stage of appeals.
12. Find out the district court judge's decision; once again, you will find out the decision in writing. (References 3)

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