Claims Process
- Initial Application:
- Reconsideration:
- Hearing before the Administrative Law Judge:
- The Appeals Council:
- Federal Court:
When you initially file your application for Social Security disability and/or SSI, an analyst will review your claim and issue a determination. Most claims are denied at the initial level. You have 60 days to appeal to the next stage of the appeal process.
If your claim was denied or if the compensation does not meet your needs, you may appeal the decision. Reconsideration is a complete review of your claim by someone other than the person who made the original decision. The reconsideration stage is slowly being eliminated by the Social Security Administration, however, some states still have a reconsideration stage. If you live in a state that has reconsideration, your appeal from the initial denial is to the reconsideration stage of review. You must appeal any denial within the time frame allowed or you may lose a substantial amount of benefits. If you do not appeal timely, there are some exceptions that will allow your appeal to be accepted as late, but timely.
If you are denied at reconsideration, or if your state does not have a reconsideration stage, your next level of appeal is to the hearing level. This appeal process is called a Request for Hearing. At the hearing stage, an Administrative Law Judge (ALJ) will provide you an opportunity to have a hearing at which you will appear in person with your representative to present your case.
If your case is denied by the judge at the hearing stage, you must appeal to the Appeals Council (a review board within the Social Security Administration) which may issue its own decision, send the case back to the ALJ for another hearing or allow the ALJ's decision to stand as the final decision of the Social Security Administration.
If your appeal is denied by the Appeals Council, you can file a lawsuit in federal district court.