Getting denied by Social Security for disability benefits does not mean it’s the end of the road. In fact, most applicants are denied at the initial application level. The next step, in proceeding forward with your disability claim, is to file an appeal.
When you file an appeal, you are simply requesting to have a day in court standing before an Administrative Law Judge. The judge will review your case and make an independent determination as to whether you meet the criteria for disability.
Individuals who are denied by Social Security on their initial application, should always appeal. An individual has 60 days from the date of the denial letter to file the appeal. There are a few exceptions to the 60-day rule, however missing the official deadline will significantly delay the progress of your case or require you to start the entire process all over again.
An appeal can be filed online with the Social Security Administration, through an attorney, or at your local Social Security office. At the appeal stage of the disability process, we often advise that individuals retain legal counsel. The appeal stage is a difficult, and intricate part of your case. Often, Administrative Law Judges will not hear your case unless you are represented by a Social Security attorney or advocate.
People are often discouraged that they have been initially denied by Social Security, however most cases are denied at the initial level. We often advise individuals that the way to win your case is to appeal, and stand before an Administrative Law Judge.
The appeals process can be lengthy. As you wait for an Administrative Law Judge to hear your claim, you must continue to treat medically. It is important that your medical documentation is current and consistent. As you wait for your day in court, it is the responsibility of your attorney to update your medical evidence, so that all of your impairments may be accurately presented before the judge.
For direct assistance regarding an appeal, or if you have any questions about this process, please contact the Detroit Social Security Lawyers at the Lee Steinberg Law Firm, P.C.
We will help in any way we can. Call Lee Free at 1-800-533-3733 for a free consultation.