If your application for Social Security disability benefits is denied, you can appeal the decision. Call a qualified Augusta, Georgia Social Security attorney today if you have any questions about whether you should appeal a denial.
The Disability Determination Process
An application for Social Security disability benefits may potentially go through five different levels of review. First is the initial determination. More often than not, the claim is denied at this stage. Next, if you appeal, is a reconsideration determination. Third, if you disagree with the reconsideration determination and lodge an appeal, you will be scheduled for a hearing in front of an administrative law judge (ALJ). Following this, if you appeal the ALJ’s decision, a review will be conducted by the Appeals Council. Lastly, you may file a civil action with the U.S. District Court if you don’t agree with the Appeals Council’s decision, or if the Council denied your request to review the ALJ’s decision.
Be Sure to Appeal Before the Time Limit Runs Out
Appeals must be requested no later than 60 days after the date you receive notice of the denial. Generally it is assumed that you will receive the notice within five days after the decision. Therefore, you should be sure to make your appeal within 65 days of the date of the decision (Though if the deadline falls on a weekend or legal holiday, it is pushed out to the next full workday).
Your appeal must be in writing. The Social Security Administration (SSA) considers an appeal as filed on the day it is received by the SSA. An exception to this is if the appeal is received after the deadline, but the postmark shows a date that would be in compliance with the deadline. In such a case the date shown on the postmark will control. The only problem with this is if the postmark is illegible or there simply is no postmark and you have no proof of when you mailed the appeal. Then the appeal it is considered filed on the date it gets to the SSA. For this reason, it is in your best interest to send your appeal well in advance of the deadline to make sure it gets there on time.
If you need further information regarding the appeal process in a Social Security disability claim or have other questions, call Augusta, Georgia Social Security attorneys.