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Your Right To An Appeal: How To Get Social Security Disability Benefits When Your Application Has Been Denied

There are many reasons a social security disability claim will get denied. Whether you did not complete the necessary paperwork correctly, or you did not have enough evidence to back up your claim of a disability, you have the right to file an appeal when you receive a denial letter.

Time to Appeal Your Denial of Social Security Disability Benefits

When you receive your letter stating that the decision was made to deny you benefits, you have sixty days from the receipt of this letter in order to file an appeal on your behalf. This will give you enough time to gather further documentation that was missing from your original application and to see additional treatment providers if necessary to prove your disability.

Filing Your Appeal

Filing your appeal can get complicated. Most people turn to an attorney at this point, because they don't want to get caught up in the appeals process. Your appeal starts as a reconsideration, where your entire application is reviewed by people who were not part of the initial decision to deny you benefits. You can choose to file your appeal online, or by mail. If you aren't sure how to fill out the appeal paperwork, it's time to meet with an experienced social security disability attorney, such as those from Banik & Renner, to guide you through.

If the reconsideration does not work and you find yourself still without benefits, it's now time to request a hearing. During the hearing process, most people find that they need to work with a lawyer. Going to court for a hearing on your disability claim is stressful, and it's important that you succeed during this hearing. By working closely with an attorney, you will be as prepared as possible to go into the hearing.

When the Hearing Decision is Still a Denial

Just because you were denied benefits after a hearing, this does not mean that your appeals process is over. The next step in the appeals process is to ask for another review, this time by the Social Security Appeals Council. If they decide the hearing decision was accurate, you can file an appeal with the federal court system to pursue your claim further.

The best way to fight your appeal is to continue to get regular medical care for your disability. Your claim rests on the opinions of your medical providers, and if you aren't seeking treatment for your disability, they are unable to provide Social Security with the information they need to approve your claim.