4 Phases of Appeal in Your Social Security Application

As much as 70 percent of all social security benefits applications are initially rejected by the Social Security Administration (SSA) – these figures may seem scary but the truth is, most claims are denied not because they’re invalid but because the required qualifications were simply not met.

Thus, for many people who are claiming benefits or have been through the process, appealing your claim is just another step towards achieving benefits. Don’t be discouraged – you can always ask for help from a social security benefits attorney especially if you live in California. There are many lawyers and experts who can help you facilitate your claim as well as make sure they you get approved as soon as possible.

To give you a better idea about how the appeals process goes in a social security claim, here is an overview of the four phases of appeal:

This phase is where your claim is completely reviewed by another person who did not take part in the original decision. All documents or evidence shall be looked into and new evidence may be submitted in this case. An attorney may not be necessary in this part and you would not even be required to attend because this only involves a review of your files.

If you wish to appeal an unfavorable decision after the reconsideration phase, you may request for a hearing. The hearing shall be conducted by an Administrative Law Judge (ALJ) who will notify you of the time and place of the hearing although this is usually held within 75 miles from your residence.

An attorney would be beneficial during the hearing because new evidence may be submitted as well as witnesses or medical and vocational experts who may give information to corroborate your claim.

Your hearing may be conducted via video conference if you cannot attend the hearing in person. However, you must inform the SSA in writing of your inability to be present.

An unfavorable decision rendered by the ALJ may still be appealed through the Social Security Appeals Council. You may request for a review of the ALJ’s decision and the Appeals Council will determine whether the hearing decision is correct. If your case is reviewed by the Council, they may either: decide on the merits of your case OR refer it to another ALJ for further review.

If you still disagree with the decision rendered during the reconsideration, hearing, or review of the Appeals Council, your last resort is to take it to the federal court through a lawsuit filed by your social security benefits attorney.