LEGAL GUIDE
Written by attorney Brent Adams | Oct 24, 2012

Time Limits for Filing a Social Security Disability Claim Appeal

If you are denied for Social Security disability, lawyers in Dunn are often an essential resource for filing a claim appeal. Appealing can take months or years if you are not diligent about following up with your case. If you follow the timeline of steps, you may be able to reduce the waiting time for a new decision.

Starting Your Social Security Disability Claim Appeal

As soon as you receive a letter of denial for disability benefits, bring it to the attention of your lawyer. There are several deadlines and restrictions during the appeals process, and failure to meet them may delay the process.

One important time limit in the appeals process is the filing of your first appeal, which must take place within the 60 days after you receive the notice of denial for your initial claim. An appeal filed after this deadline may be dismissed by the appeals council; this could eliminate your right to request any further review. In some cases, additional time may be granted.

The Social Security Disability Claim Appeal Levels and Timeline

There are four levels of appeals for which you may be eligible when filing a claim appeal. They are:

  • reconsideration;
  • Administrative Law Judge (ALJ) hearing;
  • appeals council review; and
  • federal court review.

During the phases of the claim appeal process, you have a 60-day time limit to take action to move to the next step. During this time, you should communicate with your lawyer to help ensure you are providing all of the necessary evidence and documentation for review.

Reconsideration is the first appeals step after the original decision is made. If the reconsideration decision is not favorable, you may request that your case be heard by an ALJ in your area.

You have the right to a representative during an ALJ hearing, which is where your disability attorney can be of great help and support. If the judge’s decision is unfavorable, you have the option to progress to the appeals council.

A case taken to the appeals council will undergo another set of reviews by the council and typically result in a decision to uphold the ALJ’s ruling or request another review. Additional reviews will be performed by the council itself or by another ALJ.

Finally, after all other levels of appeals are exhausted, you may need to file a lawsuit with your federal district court. At this level, it is strongly advised that you have a Social Security disability attorney present to assist you in these serious legal processes.

Find Help from a SSD Lawyer

There’s so much involved in the Social Security disability application and appeals process that it’s easy to see why many claims are initially denied. Let the Social Security disability lawyers in Dunn at Brent Adams & Associates help you throughout the process. Call 1-910-892-8177 or 1-800-849-5931 to set up a consultation.

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