Disability Appeals

Many people must appeal a denial of their Social Security benefits denial. There are several different appeal stages, which are explained below.

Request for Reconsideration

If an Application for Disability Insurance Benefits or Application for Supplemental Security Income is denied, the appeal is called a �Request for Reconsideration.� At the Request for Reconsideration level, a claimant�s file is given to a different disability examiner to evaluate and request updated medical records.

Claimants have 65 days from the date of their denial letter to file the Request for Reconsideration. This time period is calculated by giving claimants 60 days from when they receive the denial letter, and adding five days from the date of the letter for their receipt. Requests for Reconsideration can be filing online at www.ssa.gov, or in person at any Social Security office.

With the Request for Reconsideration, claimants must file a document called �Disability Report � Appeal.� This document is similar to the �Disability Report � Adult� that claimants completed with their application, but asks if the disabilities became worse or if there are any new illnesses or injuries. The Disability Report � Appeal also asks if the claimant has seen any doctors, clinics, or hospitals since the Disability Report � Adult was completed. This document can also be completed online or in person at any Social Security Office.

Request for Hearing

If a claimant�s Request for Reconsideration is denied, the appeal is called a �Request for Hearing.� The Request for Hearing also must be filed within 65 days of the date of the denial letter. Also like the Request for Reconsideration, claimants must also complete a Disability Report � Appeal at this level.

The Request for Hearing is submitted to the Office of Disability Adjudication and Review (ADAR) where it will be assigned to an Administrative Law Judge (ALJ), who will hear the case if the claimant chooses to have a hearing. If the claimant does not want a hearing, the case will be decided on the documents that have been received by Social Security.

At the Hearing, claimants have the opportunity to testify on their behalf and call any witnesses to testify in their case. There will likely be a medical doctor there who will inform the judge if, in that doctor�s opinion, the claimant�s disabilities meet the Social Securities definition of �disability.� There will also likely be a vocational expert there to offer possible jobs that, in that expert�s opinion, the claimant could do.

Appeals Council

If the Administrative Law Judge denies claimants benefits at the Hearing, they may appeal to the Appeals Council. This appeal must be requested in writing and must be made within 60 days of the date of the Notice of Decision. The official Request for Review form, HA-520, or a letter, is accepted. The request can be filed at any Social Security office or a hearing office, or my bailing the request to: Appeals Council, Office of Disability Adjudication and Review, 5107 Leesburg Pike, Falls Church, VA 22041-3255.

Steve Fields is author of this article on MN disability benefits. Find more information about Social security disability here.