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Blog | ERISA and Disability Rights and Benefits | Alabama | The Martin Law Firm, LLC

The Stages of Appealing Social Security Disability Denials

Posted by David P. Martin | Aug 16, 2016 | 0 Comments

It can be more disheartening than most people know to have Social Security Disability claims denied. The confusion, the worry over what can come next, those fears don't ever go away. They rest on the shoulders of individuals in need and follow them wherever they go. Fortunately, there are ways to appeal a denial, and there are people you can count on to guide you through every step of the process. Here at the Martin Law Group, LLC, we want to be your best ally. Our skilled and experienced team has the knowledge to help you navigate the legal process and get the benefits you deserve.

What most people don't know is that there are several stages involved in the appeal process. What are these stages? Keep reading to learn more.

Request for Reconsideration

The first step in the appeal process in most states is to file a request for reconsideration. This process is what it sounds like—the initial denial or the termination of benefits after the first review will be reviewed again. Some states will pass over this step completely and move directly to a hearing.

Administrative Law Judge Hearing

The next step is a request for a hearing before an administrative law judge or ALJ. ALJs are lawyers who work for the Social Security Administration's Office of Disability Adjudication and Review. They are primarily responsible for upholding or overturning decisions about the granting of disability benefits. The hearing must occur within 60 days of the receipt of denial.

Appeals Council

Should you lose your disability hearing, you can request to have a review from the Appeals Council. This process can be somewhat grueling, and only a fraction of cases reviewed by the Appeals Council are overturned.

Federal Court Review

Filing a lawsuit in the U.S. district court is the last stage of the appeal process. If you have navigated the process without an attorney up till this point, now is the time to bring one on board. Once an appeal reaches this level, a federal judge will review the case, looking for legal errors that warrant overturning the denial.

Losing Social Security Disability benefits can be trying and frustrating for those who find themselves in that situation. Anxiety over what the futures holds can become unbearable. Fortunately, the Martin Law Group, LLC is here to help you through whatever legal situation you find yourself in. Contact us for more information or request a free consultation today.

About the Author

David P. Martin

Senior & Managing Attorney


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