SOCIAL SECURITY APPEAL PROCESS: WHAT IF YOU ARE DENIED?

75 percent of Social Security disability claims are denied and require an immediate appeal.  Here is what the claimant, or claimant's representative, must do:

Submit a written notice of appeal to the Social Security office within 60 days.  Telephone conversations do not count.  You should use form HA-501, available from Social Security.

 Review the medical evidence in your Social Security file to make sure it is complete.  Add additional or missing medical records as soon as possible.

Decide if you are willing to accept a hearing by video teleconference or if you want an in-person hearing.  If you wish to opt out of a video hearing, notify Social Security in writing within 60 days of filing your appeal (but after they have notified you that they have received your filing).

As you continue to see doctors or other medical providers (while wait for a hearing to be scheduled) obtain these detailed medical files and submit them to the Office of Disability Adjudication and Review (ODAR), which is processing your appeal.  Doctors may charge you for these records.

 Read and understand the written rules and regulations that Social Security will use during the appeal.  Try to understand the scope, nature and types of evidence that you need to submit prior to your hearing.

Determine the basic arguments you will make at your hearing.  For example, do you claim to meet one of the published Listings?  Are you disabled under the framework of one of the Medical-Vocational Guidelines or grid rules (only if you are age 50 or above and only if your impairment is physical in nature).

Try to get one of your treating doctors to complete a Medical Source Statement which supports your claim.  Submit this to your ODAR electronic file or fax it to ODAR.

About 14 to 18 months after you file the appeal, you will be given a date to appear before a US Administrative Law Judge who will hold your hearing.  Your file must be complete at this time or your hearing could be postponed.

 At the hearing, the judge will ask you many questions about your medical condition, your functional limitations, your education, past work and daily activities.  Most likely, a vocational rehabilitation counselor (called a vocational expert) will also testify on behalf of Social Security.  Sometimes, a medical doctor will be called by Social Security to testify at these hearings.  You will be given a chance to question these experts if you wish.

The 5 persons usually always in attendance at a hearing are:  (1) the claimant (2) the claimant's representative or attorney (3) the judge (4) the vocational expert and (5) a hearing reporter/clerk.  In some cases a Social Security medical expert (doctor) will testify.

Following the hearing, you will receive a written Notice of Decision from the Administrative Law Judge.  This is when you will know if you are awarded benefits or denied.  Denials following a hearing may be appealed, also.

If you need assistance with a Social Security disability claim or appeal in North Alabama, please contact:

THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297





 

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