When you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), there is always a chance that your application will be denied, even if you do everything right. However, you can potentially appeal the denial of your application, giving you an additional chance at approval. But what exactly does appealing your SSDI or SSI application entail?
What is an SSDI or SSI Appeal?
Put simply, you can appeal your SSDI or SSI application when your application is denied, and you want them to reconsider that decision. The appeal is effectively a request for someone else to review your application and make their own determination about whether or not your should be approved. Each successive step of the appeals process involves a higher level of scrutiny, following it up the chain until you are either approved, or utilize every option available to you.
Why Might You Appeal a Denial?
There are many reasons you might want to consider appealing your denial, starting with the fact that you have the legal right to do so. It can also potentially get you access to your disability benefits more quickly than waiting the mandatory six month period to apply again. Moreover, if you filled out your application correctly, your denial might be the result of a mistake or misjudgment on the part of whoever reviewed your application.
How Can You Appeal Your SSDI or SSI Application?
There are four ways you can appeal your application denial, with each step going further up the chain of bureaucracy:
- Reconsideration of your application: Appealing your application in this way is the most basic method, essentially handing your application to someone else to look over. This must typically be done within 60 days of your application being denied.
- Hearing with an administrative judge: If your request for reconsideration still results in a denial, you can appeal to an administrative judge working for the Social Security Administration. They will review your application to ensure everything was done according to the law, and that there were no serious errors in your consideration.
- Review of the hearing decision: Appealing your denial to this stage means asking the SSA’s Appeals Council to review your application. They will go over the facts of the hearing to ensure it was handled correctly.
- File in federal court: When all else fails, you can file a lawsuit in federal court to ensure your rights are protected.
What Should You Do?
The question of whether appealing your application denial is a good idea will depend on your specific circumstances. Ultimately, you should speak to a lawyer with experience handling disability applications like yours, who can help advise you on your best course of action. They can also argue on your behalf to ensure you have the best possible chance of success.
If you or a loved one need assistance applying for SSDI or SSI benefits, it is important that you seek the guidance of an experienced Social Security Disability benefits lawyer. The lawyers at Sullivan & Kehoe, LLP have over 50 years of combined experience between its attorneys and are available to you or your loved one in obtaining Social Security Disability or Supplemental Security Income benefits. To schedule a consultation with our New York Social Security Disability benefits lawyers, call (631) 823-7155.
