Appeal your Social Security Disability Denial, do not give up

When you apply for Social Security Disability benefits, there is a good chance that your application will be denied. Frequently deserving cases will be denied because the Social Security claims rep does not have the right medical records or other documentation to fully evaluate your claim. So SSA will just deny your claim.

If you are denied, do not give up. You can and should appeal your denial by filing a request for reconsideration within 60 days after receiving your denial. If your reconsideration appeal is also denied, you can and should request a hearing before a Social Security judge. Here, too, you have 60 days to file an appeal.

When you request a Social Security hearing, your case will be assigned to an administrative law judge in your community. Unlike the Social Security claims agents, Social Security judges have much more decision making power to approve your case. In most cases, you are better off retaining a lawyer to represent you in a hearing before a judge.

You should mail your appeal to the appeal address shown on your denial notice, preferably by registered mail, return receipt requested.

If you have misplaced the address for appeal, call SSA at 800-772-1213 to ask for a mailing address. Otherwise, look up the address in the phone book. If you are nearing the 60 day deadline, hand deliver your appeal to your nearest Social Security office and make sure to get a receipt for your filing. You can also mail it, but mail it certified mail so you get the green card back that SSA received the mailing. 

Even if you send your appeal to the Social Security Administration to the wrong address, your appeal date will most likely be protected as long as someone, somewhere at Social Security received it. Even a fax will suffice, just keep the fax transmital page that said it was received. 

Similarly, if you cannot download the appeal form, prepare something in writing that references your name and Social Security number along with a statement that you want to appeal, and get it to SSA.

You should always file your appeal within 60 days. It usually takes 1 to 2 years for your Social Security Disability appeal to be heard. During that time your condition(s) could get worse or you could get a new condition that will strengthen your case.

If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.

Location: United States

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