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 IF YOU ARE DENIED

Generally, there are four levels of appeal. They are:

• Reconsideration;
• Hearing by an administrative law judge;
• Review by the Appeals Council; and
• Federal Court review.

When SSA sends you a letter about a decision on your claim, they will tell you how to appeal the decision.

Reconsideration

A reconsideration is a complete review of your claim by someone who did not take part in the first decision. SSA will look at all the evidence submitted when the original decision was made, plus any new evidence.

Most reconsiderations involve a review of your files without the need for you to be present. But when you appeal a decision that you are no longer eligible for disability benefits because your medical condition has improved, you can meet with a Social Security representative and explain why you believe you still have a disability.

Hearing

If you disagree with the reconsideration decision, you may ask for a hearing. The hearing will be conducted by an administrative law judge who had no part in the first decision or the reconsideration of your case.

The hearing is usually held within 75 miles of your home. The administrative law judge will notify you of the time and place of the hearing.

You and your representative, if you have one, may come to the hearing and explain your case in person. You may look at the information in your file and give new information.

The administrative law judge will question you and any witnesses you bring to the hearing. Other witnesses, such as medical or vocational experts, may give information at the hearing. You or your representative also may question the witnesses.

It is usually to your advantage to attend the hearing. If you do not wish to do so, you must tell SSA in writing that you do not want to attend.

In certain situations, SSA may hold your hearing by a video conference rather than in person. They will let you know ahead of time if this is the case. With video ­hearings, SSA can make the hearing more convenient for you. Often an appearance by video hearing can be scheduled faster than an in-person appearance. Also, a video hearing location may be closer to your home. That might make it easier for you to have witnesses or other people accompany you.

Unless the administrative law judge believes your presence is needed to decide the case, he or she will make a decision based on all the information in your case, including any new information given.

After the hearing, SSA will send you a letter and a copy of the administrative law judge’s decision.

Decision Review Board

All decisions, favorable and unfavorable are reviewed by the Decision Review Board.  This takes the place of the old Appeals Council.  (For more information on the Decision Review Board)

Federal Court

If you disagree with the Decision Review Board you may file a lawsuit in a federal district court.