How Can I Appeal the Denial of Social Security Disability Benefits?

 Posted on January 11, 2022 in Denied Social Security Benefits

If you have experienced a serious illness or injury that has affected your ability to earn an income, you will want to determine your options for receiving financial assistance. If your injury or illness is severe enough to be considered a total disability, meaning that it has lasted or will last for at least one year and has affected your ability to earn enough income to support yourself, you may be able to receive Social Security disability benefits. Applying for these types of benefits can be a complicated process, and in many cases, disability claims may be denied. However, the denial of benefits does not mean that receiving financial assistance is impossible, and applicants may be able to pursue an appeal that will help them receive the benefits they deserve.

The Social Security Disability Appeals Process

When appealing the denial of Social Security disability benefits, a person will need to do the following:

1. Request reconsideration - An applicant can begin the appeals process by asking for their application to be reviewed. If an application was denied due to medical reasons, a Social Security official who did not participate in the original decision will review the claim, and they may consider the medical evidence that was originally submitted, as well as any new evidence submitted by the applicant.

2. Request an administrative hearing - An applicant who disagrees with the decision made at the reconsideration stage can ask to have their case addressed in a hearing. At the hearing, an administrative law judge (ALJ) will consider medical evidence, and they may also hear testimony from vocational and medical experts. Based on the evidence and testimony, the ALJ will then make a decision as to whether the applicant qualifies for disability benefits.

3. Request review by the Appeals Council - An applicant who disagrees with an ALJ’s decisions can request an appeal. The Social Security’s Appeals Council may review a case and decide whether benefits should be granted or denied, or it may order a rehearing, or it may choose not to review a case. 

4. File a civil suit - If an applicant disagrees with the Appeals Council’s decision, or if the council denies a request for review, the applicant can take legal action to pursue an appeal in the applicable U.S. district court. After considering the evidence in the case, a federal judge may choose to grant or deny benefits, or they may order a rehearing before an ALJ.

Contact Our Illinois Social Security Disability Appeals Lawyer

If Social Security has denied your application for disability benefits, Pearson Disability Law, LLC can help you determine your options for appealing this decision. We will provide you with representation throughout every stage of the appeals process, and Attorney Jonathan Pearson will advocate on your behalf and demonstrate that you qualify for disability benefits. Contact our Chicago Social Security disability claim attorney today at 312-999-0999 to arrange a complimentary consultation.

Sources:

https://www.ssa.gov/ssi/text-appeals-ussi.htm

https://www.ssa.gov/benefits/disability/appeal.html?