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Protecting The Disabled And Injured Since 1974

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Protecting The Disabled And Injured Since 1974

What is the appeals process for a denial of SSD benefits?

On Behalf of | Mar 3, 2022 | Social Security Disability |

It can feel overwhelming to receive a denial of Social Security Disability (SSD) benefits when you are desperately in need of help to support your day-to-day needs. For that reason, applicants for SSD benefits who have received a denial of benefits should be familiar with the different options they may have for appealing the denial of their claim.

Appeals process for denied SSD benefits

There are several levels of appeal for Social Security Disability benefits including:

  • Request for Reconsideration: A request for reconsideration is a request for the claim to be reviewed from the beginning by a fresh set of eyes. Both the original application and any additional information that is provided will be reviewed.
  • Hearing before an Administrative Law Judge: A request for a hearing before an administrative law judge can be made and the applicant for disability benefits can choose to be present. During the hearing, witnesses may be questioned and the applicant may also be asked to answer questions.
  • Review by the SSA Appeals Council: A request for a review by the Social Security Administration Appeals Counsel can be made by the applicant for benefits. The SSA Appeals Counsel has discretion to review the claim or not.
  • Filing a claim in federal court: A claim for appeal can be made in federal court and if the denial of benefits is found to be arbitrary and capricious, the appeal may be successful.

At each phase of the appeals process, if the application for disability benefits is denied, the applicant can progress to the next step of the appeals process. There are also important timelines associated with the appeals process applicants should be familiar with. SSD appeals are essential to be familiar with whenever an application for benefits has been denied.