Appealing a Denied SSDI Claim
If you are not happy with the decision regarding your Social Security Disability Insurance (SSDI) claim, you have the right to file an appeal. The process of appealing a denied SSDI claim is highly complex, and it is in your best interest to work with an experienced attorney. Seeking legal representation for your appeal will greatly increase your chances of success.
It is important to understand that your appeal is time sensitive. You only have 60 days from the time you receive your denial letter to file your written appeal with the Social Security Administration.
There are four stages to the appeals process:
- Hearing by an administrative law judge
- Review by the Appeals Council
- Federal Court review
The first step is to request a reconsideration of your claim. During this phase, your claim will be reviewed again by someone who was not involved in the initial decision. You can present new evidence at this time in order to increase your chances of success.
If reconsideration does not return the successful outcome you desire, you can request a hearing with an administrative law judge. This hearing will usually be held in close proximity to your home, and it is recommended that you attend if at all possible. At this hearing, you will have the opportunity to present expert witnesses who can verify the severity of your condition.
The third phase of the appeals process is to request a review with the Social Security Appeals Council. There are three possible outcomes to your Appeals Council review:
- Your request for review may be denied
- The Appeals Council may review your case
- Your case may be returned to an administrative law judge to be reviewed again
If you disagree with the decision at your Appeals Council review or if the Appeals Council chooses not to review your case, you may file a lawsuit in federal court. This is the last stage of the appeals process, and any decision delivered by the federal court will be final.
The Virginia SSDI lawyers at Kalfus & Nachman have more than 30 years of experience handling SSDI appeals. We will work with you throughout the entire appeals process, from the initial filing through your federal court lawsuit if necessary. The stakes are too high to go through the appeals process by yourself. Our lawyers will make sure your rights are protected so that you can receive the SSDI benefits you deserve.
Please contact our SSDI attorneys today to schedule your free initial consultation. Kalfus & Nachman serves clients in Norfolk, Newport News, and Roanoke, Virginia.