How the Social Security Disability Appeals Process Works

August 28,2012
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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:

  1. the initial decision
  2. a reconsideration decision
  3. a hearing with an administrative law judge (ALJ)
  4. 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.

It is important to note, says a New York Social Security Disability law firm, that the Social Security Administration will consider the day it receives an appeal as the day it was filed. If the date that the SSA receives an appeal will result in decreased or lost rights for a claimant, the SSA will use the date shown on the postmark rather than the date that the appeal was received. In the event that there is no postmark, or it is illegible, the SSA will consider additional evidence that displays the date the request was mailed.
If your application for Social Security disability benefits has been denied, or you have questions about your case, then you may want to speak with a New York Social Security Disability Lawyer. To schedule an initial consultation with a New York Social Security Disability law firm, please call the office of Hermann Law Group, PLLC., at 1-877-773-3030.