What Happens If Your Disability Hearing Is Denied?
- The first thing that occurs when a claim for disability benefits has been denied is the formal notification to the applicant that his request for benefits has been denied. This serves as the first formal step in the appeals process. Once the denial letter has been received, the applicant has the right to file a new claim, or appeal the original decision, both of which may be done by the applicant or by an attorney who specializes in Social Security disability claims.
- There are many reasons why an individual might decide to file a new claim for benefits as opposed to filing an appeal. The most common reason is a change in circumstances since the original claim was filed, which has led to a worsening of the applicant's condition. Another common reason that applicants choose to file a new claim is feedback that the original claim was filed incorrectly or that appropriate documentation was not provided which, had it not been left out, may have proved beneficial to the applicant's claim.
- As an alternative to filing a new claim for benefits, the applicant has the right to file a request for reconsideration to the state disability agency handing her case. For a request for consideration to be heard, most states require the applicant to file the request within 60 days of the original decision in the case. Failure to submit the request within the allotted period of time may lead to a denial for reconsideration.
- If an applicant's request for consideration is denied, the applicant has the right to file a formal appeal. Notice of appeal may be filed by the applicant himself or through the assistance of an attorney who specializes in Social Security disability law. Once the notice of appeal has been filed, the applicant is appointed a hearing with an administration law judge, who will hear the applicant's arguments and review any provided medical documentation. If the judge rules in the applicant's favor, his claim for disability benefits will be approved and the applicant will receive monthly disability payments for a designated length of time or until his condition improves to the point that he is once again able to work. If not, the applicant has the right to file an additional appeal or let the original claim expire and file a new claim for benefits.
Notification of Denial
New Claims
Request for Reconsideration
Additional Appeals
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