Disability claimants who have been denied their benefits on the first try can always appeal for a reconsideration. As soon as they receive the denial letter, they are advised to contact the social security agency immediately to request an appeal.

After an appeal has been requested, the social security district office will mail the required appeal forms to the claimant. With the help of an attorney or disability claims representative, a claimant can complete the paperwork and submit it to the agency. The claimant must ensure that the appeal document reaches the agency before the filing deadline.

Even after the forms have been mailed, the claimant must call the social security office to let them know that the deadline has been set to give their case the so-called ‘protected date’. This will also provide some security in case the appeal forms are lost in the mail.

Generally, denied claims that are pursued through the appeals process have a much better chance of receiving benefits later than filing a new application.

The administrative appeals process in a disability claim consists of four steps:

1. Initial Determination – When a claimant is denied disability benefits on their initial application, they will receive written notice informing them of the initial determination and their right to a reconsideration of the decision. The claimant must then file an appeal and request a reconsideration of the decision. An initial determination becomes final unless reconsideration is requested within sixty (60) days from the date of receipt of notice of determination.

2. Reconsideration Determination: At the reconsideration level, the administration will review the initial determination and any other medical evidence submitted by the parties or otherwise obtained.

A reconsidered determination becomes final unless a hearing is requested within sixty (60) days from the date the claimant received notice of the redetermination, or unless such determination is reviewed in accordance with 20 CFR Sec. 404.905, or unless the expedited appeals process is used in accordance with 20 CFR sec. 404.900(a)(6)

3. Administrative Law Judge Decision: Before an Administrative Law Judge (ALJ), the complainant has the opportunity for a full hearing during which the complainant may present evidence and legal arguments and cross-examine witnesses. The ALJ issues a decision setting forth its findings of fact and conclusions of law.

Decisions are based on evidence presented and evaluated at the hearing or included in the record of the hearing. If the complainant is dissatisfied with the decision of an administrative law judge, the complainant must file a written appeal within sixty (60) days of receipt of the ALJ’s decision to the Appeals Council for review.

4. Appeals Council Review: The council reviews the ALJ’s decision, which it may affirm, modify, reverse, or vacate. The board may also request the case to an ALJ for a new hearing or take further testimony in the case.

After notification of its decision, the plaintiff has sixty days from receipt of the decision to request district court review by filing a civil action.

To improve your chances of winning your claim, you will need the services of a trained representative who can represent you in your appeals. A skilled disability claims attorney can increase your chances of winning your claim.

For additional information on issues related to your disability claims, log on to our website and consult our highly recommended Los Angeles Social Security attorneys.