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If you believe you qualify for Social Security benefits, getting a denial on your claim can be frustrating. However, with the help of a qualified attorney, you can appeal the decision. If you want to learn more about this multi-step process, below is some information about each aspect of appealing the ruling.

How to Appeal a Social Security Law Claim

1. Request for Reconsideration

The first way to appeal the decision is to ask Disability Determination Services to reconsider your case. You can do this by submitting form SSA-561 or completing it on the Social Security Administration (SSA) website. However, you must do this within 60 days of the date you received a denial for the request to be valid. 

2. Hearing

attorneyIf the reconsideration does not come back positively, you can fill out Form HA–501, which is a request for a hearing in front of an administrative law judge (ALJ). One again, you must do this within 60 days of your reconsideration determination. While you can do this on your own, an attorney will ensure you are filling out all forms correctly to increase your chance of success.

Also, you can specify whether or not you want to attend a hearing, or if you prefer the judge makes a decision without one. If you choose a hearing, you’ll receive notification of the location and time at least 75 days beforehand. You have until five business days before the meeting to submit new evidence.

3. Appeals Council

If the disability hearing does not go in your favor, you can submit another request for review to the Appeals Council. It is at this council’s discretion whether or not they accept your request. However, if they believe that the decision was not adequately supported by evidence, they may review your case. This can also happen if there were unique circumstances surrounding your hearing, such as if it was shorter than necessary or raises a broad policy question.

4. Federal Court

Finally, if your case is again denied, you can file a lawsuit against the SSA in federal court. Your case will have a district court judge but not a jury. In some cases, they may reverse the ALJ or Council decision. However, they can also send the case back to the SSA for review. If you lose at this stage, there are no further steps in the appeals process.

 

If you’re considering appealing a Social Security disability case, contact Hackworth, Ferguson & Thompson in Piedmont, MO. This firm has over 45 years of experience fighting for the best interests of their clients. Their attorneys will help you through every stage of the appeals process so that you can work toward the benefits you deserve. To learn more about their practice areas, visit them online. Call (573) 223-4247 to schedule a consultation.

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