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Timeframes for Responding to Denial and Filing Appeal of an SSD Claim

Posted by attorney Brenton Adams

If you have filed a Social Security disability claim, you may be disappointed to find out that it has been denied. After the time and effort of applying, it can leave you wondering if it’s worth appealing the decision.

Although the process of seeking disability benefits can be lengthy, it is worth it if you ultimately qualify. You even may be able to improve your chance of a successful outcome if you first secure help from a Raleigh Social Security disability lawyer.

When a Social Security Disability Claim Has Been Denied

It can be frustrating to learn that your claim has been denied. If you plan on appealing that decision, you will want to act quickly. Failure to do so could result in having to start the entire process all over again.

Once you have received a letter that your claim has been denied, you will have 60 days to file an appeal. Missing that deadline could be detrimental to your case, especially if you’ve already waited months, or even a couple of years, for that decision to be reached.

There may be special circumstances in which missing this deadline may be excused. Your situation would need to be evaluated. Reason for missing the deadline may include such as hospitalization, a serious illness, or other extenuating circumstances that prevented you from appealing.

Of course, you might also happen to have a claims representative who isn’t as strict about the timeframe. However, you don’t want to risk having to start all over again, so it’s best to appeal the decision as soon as possible.

Although an attorney can help with the initial filing, if you didn’t secure an attorney, now is your chance to get the assistance you need. With legal representation, you stand a better chance of having your claim approved the second time around.

Once you have decided to appeal the decision, it will go before an Administrative Law Judge (ALJ) at a hearing. In some circumstances, the hearing can be expedited; most of the time it will take a year or longer for the hearing to happen.

If you meet all of the qualifications, you can expect the claim to be approved at this point. However, there are no guarantees, and you may still find that your Social Security disability claim has yet again been rejected.

The next and final step is to go before the Appeals Council. Sometimes it will allow for a new hearing. Or, it may agree with the finding at the hearing, which is where the process usually stops.

The council has the power to reverse the decision made at the hearing. In that case, you would receive information on when you can expect to receive disability benefits.

Despite going before the Appeals Council being the last step with regard to the Social Security Administration (SSA), there is still yet one more thing you can do if you want to appeal a denied claim.

You can take your case to a federal court with the help of a Raleigh Social Security disability lawyer. You are essentially bringing a lawsuit against SSA and will need help doing so.

If your claim has been denied, you will definitely want to speak with an attorney. The team of Social Security disability attorneys at Brent & Adams Associates serves residents in Dunn, Fayetteville, Raleigh, and other areas throughout the state of North Carolina.

Since the claims process can be complicated and time-consuming, you don’t want to further delay your case by not having the necessary documentation. An attorney can help in making sure you have everything you need. Contact us today to learn if you qualify for SSDI or what legal options may be available if benefits were denied – 1-800-849-5931 or 910-892-8177.

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