Tuesday, July 17, 2007

Appeal for Disability

Filing an appeal for disability is actually easier than filing an initial claim (in other words, an application) for disability. Filing an initial claim involves A. contacting a social security office, B. setting up a time to be interviewed, and C. submitting a disability application.

Doing an appeal for disability is less cumbersome and less complicated. If you file for either social security disability or SSI disability and receive a denial of the disability claim, you should do the following:

1. Immediately contact the social security administration to request an appeal. You can do this by calling the social security office where you filed your initial disability application. If you have a disability attorney working on your case, you can contact your attorney's office to have them request the appeal for disability. However, even if you have representation, it is still a good idea to contact SSA yourself simply to get the disability appeal request on record.

2. After you receive the disability appeal forms, complete them and be sure to include updated information regarding your most recent medical treatment, including dates of treatment, the names of your medical providers, and their contact information (addresses and phone numbers). If you have received a new diagnosis, be sure to indicate this on the appeal paperwork. If you have been seen by a new medical treatment provider (a doctor, hospital, or clinic), be sure to indicate this, as well, on the appeal paperwork. Of course, if you have a disability attorney, you will simply provide this information to your attorney who will then submit the appeal to the social security administration.

How long will it take to get an answer on your appeal for disability? The answer to this question varies and depends, to some extent, on the level your claim is at.

If your appeal is at the reconsideration level (known in some states as the disability review level), then you may actually receive an answer on your appeal for disability sooner than you received an answer for your initial claim. Typically, a decision on a reconsideration or review will be received within 90 to 120 days, though, in some cases, a decision may be received in just a few weeks.

If your disability appeal is at the hearing level, then the amount of time required will be substantially longer. After a request for a disability hearing (to be held before an administrative law judge) has been submitted to the social security administration, it may take, depending on your state of residence, 12-24 months to actually receive a hearing date. This is due to the fact that tremendous backlogs exist in the hearing scheduling system. And, unfortunately, even after a disability hearing date has been held, it may still take a number of weeks to receive a decision from an administrative law judge.

Return to the Social Security Disability SSI Benefits Blog

Appeals for disability - the social security disability appeals process
How many social security disability appeals do you get?
Appealing a denial of Social Security Disability Benefits when the denial is non-medical
Disability appeal resource pages
To appeal a denied social security disability claim
Submitting a social security disability appeal on time
Should you appeal a social security disability denial if you are improving ?
How do I file an appeal for disability on SSI?
Appeal for disability - the deadline to file an appeal
How many people do not file an appeal for disability?
What are the chances of winning an appeal for disability ?