Hundreds of Georgia residents file for disability benefits each year, but unfortunately, many of these claims are denied. Claimants who have been denied often give up on the idea of receiving Social Security Disability benefits and accept the Social Security Administration’s decision. However, this is a huge mistake, as many claimants who appeal their denials end up receiving the disability benefits they deserve.
First, one can request an appeal, generally, within 60 days. The appeals process often begins with a request for reconsideration to have the claim reviewed by a new reviewer, with additional evidence for consideration. The reviewer will consider this new evidence, along with the original evidence.
One can then request a hearing by an administrative law judge. This is typically held within 75 miles of one’s home. The judge will again consider all evidence, and any additional evidence you present.
If one is not happy with the administrative law judge’s decision, they may request a review from the Appeals Council. The Appeals Council may deny a request to review the case, but if they decide to review it, it can either decide the case or return it to a judge for an additional review. Finally, if one wants to dispute the Appeal Council’s decision, or if the Appeals Council denies the request for review, they can go to federal district court to file a civil lawsuit.
Social Security Disability applications are denied for a variety of reasons, but one may be able to appeal a denial. An attorney specializing in disability benefits can assist with each step of the appeal.