4 Ways to Appeal a Social Security Disability Denial

Posted almost 3 years ago. Applies to North Carolina, 1 helpful vote

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Recent claimants for Social Security disability who were turned down may still be able to receive benefits. You can appeal a Social Security disability denial to have your information reviewed again for eligibility. You may want to consult with a North Carolina Social Security disability lawyer at Brent Adams & Associates as they have handled numerous claims of this caliber before.

Reasons for Claim Denial: Medical or Non-medical

When you receive your Notice of Disapproved Claim, the Social Security Administration should have identified the reasoning for its decision. It will either be for medical or non-medical reasons.

Medical appeals of Social Security disability denial will require you provide updated medical information. This will include any medically related visits or procedures that have occurred since you last filed for benefits and any information you may have left off on your initial application. Be prepared to supply the following in your appeal:

  • the name, address, contact information, treatment type and visit dates for any of your doctors, hospitals, and clinics; - a detailed description of any new medical conditions and/or changes in your health; - complete information on all the medical tests you have had, such as the name of the test, location where it was performed, the day it was done, and who requested you to undergo this test; and - the names of all over-the-counter and prescription medications you are currently taking, along with the name of who prescribed them, and any side effects you may have experienced.

If a non-medical reason is cited for denial of benefits, you will need to contact your local Social Security Administration office directly to schedule a review.

Appeal Types and Process

There are 4 different types of appeals you can make when your Social Security disability claim has been denied.

The first is a reconsideration appeal, which will require you to fill out a Request for Reconsideration and an Appeal Disability Report. Your case then will be forwarded to your state’s Disability Determination Services office for a review of your health records and assessment of your disability.

A second appeal is a hearing. You must complete both a Request for Hearing by Administrative Law Judge and an Appeal Disability Report. You and your lawyer then will meet with a judge for a decision.

A third appeal is made by requesting an appeals council review. You will fill out a Request for Review of Decision/Order of Administrative Law Judge form. The Office of Disability Adjudication and Review will examine your case and notify you of its decision.

The last option for appeal is known as a district court case. You must have an attorney file a claim against the Social Security Administration and be present with you while in court. A district court judge will hear your argument and make a final ruling on your Social Security disability claim.

Consult with a North Carolina Social Security Disability Lawyer

An appeal to a Social Security disability denial may require the expertise of a disability lawyer who understands the qualifications and laws under Social Security.

Brent Adams & Associates have been working for the people of Dunn, Raleigh, and Fayetteville, North Carolina for over 30 years to help them get the Social Security disability benefits they deserve. Speak with one of our Social Security disability lawyers for a free case evaluation. Give us a call today at 800-849-5931.

Additional Resources

http://www.brentadams.com/practice_areas/social-security-disability1.cfm http://www.disabilitylawclaims.com http://ssa.gov/

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