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Thursday, March 31, 2011

Rejected Disability Claims

After the initial claim for benefits has been rejected, people with disability should pursue their claims for their much-needed help by filing an appeal.

The Social Security Administration is responsible for providing disability benefits under the Supplemental Security Income and the Social Security Disability Insurance.

If your claim for disability benefits under any of these programs has been rejected, they will send you a letter explaining briefly why the claim was denied and what you can do to appeal it.

You should appeal your case within 60 days together with other proofs of your eligibility for the disability benefits.

In the reconsideration stage, your claims, as well as other evidence, will be reviewed by a person who wasn’t involved in the initial determination of your eligibility.

If your case is still denied in the reconsideration case, then, you can ask for an Administrative Law Judge to review your case.

An ALJ will set when and where these hearings will be conducted and if he finds that you are not eligible for disability benefits, you can ask the social security appeals council to review it and to see if the ALJ has made any technical and substantive errors.

Once the appeals council finds any flaw in the ALJ’s decision, he can either bring the case back to another ALJ or determine your eligibility.

If there’s no flaw in the ALJ’s decision making, then the appeals council will uphold his decision and your last resort is to bring your case to the federal court.

Here, you should expect to go against experts from the agency. So, it is best to have a lawyer coach you throughout the process.