According to a New York Social Security Disability law firm, there are four administration adjudication levels a Social Security Claim may pass through before the case is resolved. Following are the four levels:
- the initial decision
- a reconsideration decision
- a hearing with an administrative law judge (ALJ)
- a review conducted by the Appeals Council
If the case is denied at each of the four levels, a case could be filed in federal court, says a New York Social Security Disability Lawyer.
There is, however, a time limit placed on appeals for a denial. In most cases, the appeal must be filed within 60 days from the date the claimant receives notice of the decision. In actuality, you have 65 days in which to file an appeal because the Social Security Administration believes that it will take five days for you to receive the notification of a decision.
There is one exemption to the 60 to 65 day appeals time-limit. If the claim has been denied by an ALJ, following a federal court remand, an appeal to the Appeals Council must be filed within 30 days of the ALJ’s decision. If the time limit for an appeal expires on a legal holiday, Saturday, Sunday or any other day in which federal employees do not work according to an Executive Order or statute, the limit is extended to the next full working day.