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Do you have to wait for a denial letter in the mail to request a hearing?

Fort Smith, AR |

Social Security denied my Reconsideration and I need to get a hearing. Do I have to wait to get that letter in the mail before requesting a hearing? I found out when I visited with a friend to the SSA office locally. I don't know why I would have to wait to request the appeal in writing if I was already told I was denied, but not why. Thx

Attorney Answers 3

Posted

No, you do not have to wait. If you appeal online, there is typically an area where they ask for the date on your denial letter, but I have also known them to accept the appeal online even if that date is incorrect. Nonetheless, you can write to them that you wish to appeal your "recent" denial that you were advised of in person at the XXX local office on XXX date. I'd mention that as of this date, you have not received a copy of the denial letter. Be sure to send this letter of appeal by certified mail, r.r.r. so you have proof you appealed before the 60 day time limit. Also, download a copy of the SSA-3441 (disability report - appeal form) and the SSA-827 (medical release) to send WITH your letter of appeal.

Good luck. You may want to get an SSD lawyer on this for you, since you didn't have much luck on your own first time around. You likely need to develop evidence, since the existing evidence was not sufficient.

Stephanie O. Joy, Esq., of JoyDisability, is an attorney licensed in New Jersey, but currently practicing federal Social Security Disability law in all 50 states from her PA office. Answers to questions are for general purposes only and do not establish an attorney-client relationship, nor do they constitute legal advice. Rather, if you need representation or legal advise, you need to make direct contact yourself, and inquire. We welcome and respond to all phone calls and emails.

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Posted

No, you do not have to wait for a date for the letter from social security. As the previous answer mentions you can appeal online on your own and provide the date you spoke with social security online and generally the first part of the appeal will be accepted online even if the exact date of denial is incorrect. However, at this point I would strongly encourage to you to contact a social security attorney to help you with the appeal.

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2 lawyers agree

Posted

Excellent answers were provided to you by the other attorneys. You should speak with an attorney whose practice includes social security . They will know what the next step should be, what is needed for the next step, and how to prepare for it. Going to a hearing on your own is like taking an online course in swimming--you might do okay until you hit the deep end, and to get out of the pool, you have to go through the deep end....

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