Appealing Your Denial For Social Security Disability Benefits

There are many individuals who are denied Social Security Disability (SSD) benefits even when they have qualifying disabilities. Those who believe that they were unfairly denied can appeal the U.S. Social Security Administration’s (SSA) decision. The hearing is an important part of that process that allows the claimant to have the decision reviewed by an administrative law judge. Individuals who contest denials for Supplemental Security Income (SSI) benefits can also use the hearing process. By having a Social Security disability lawyer, you can ensure that you are fully prepared and have the tools you need to effectively advocate for your disability claim. Our attorneys at the Zen Law Firm, have extensive professional knowledge in the areas of Social Security Disability and the SSD appeals process. Let us help you!

When & How The Hearing Occurs

The first step of an appeals process is the reconsideration phase or a re-evaluation of an applicant’s SSD claim (with any new evidence) by a new party. When the reconsideration has been completed and the claim is still denied, the claimant has the option of requesting a hearing with the SSA’s Office of Disability Adjudication and Review (ODAR) to contest the second denial. The hearing generally occurs within 75 miles of the claimant’s residence, though it is sometimes possible to conduct the hearing through video conference. It is required that the administrative law judge is someone who was not involved in the initial SSD decision or the reconsideration process. Prior to your hearing, you could be required to either provide clarification concerning your SSD claim or provide additional information. Once the hearing begins, you will need to be fully prepared to answer questions asked by the judge, such as questions about your medical condition and ability to work. If you bring any witnesses to help prove your eligibility for benefits, they will also be questioned. You or and your lawyer will also have the opportunity to question other witnesses that the judge asks to speak at your hearing, such as medical experts or vocational experts. The judge then uses the information that was presented to come to a decision, which is usually sent to the claimant within 30 days of the hearing. Those whose SSD claims are again denied even after a hearing can request a review by the Social Security’s Appeals Council.