Social Security Disability Appeals Process
You painstakingly and carefully submitted all information requested for your Social Security Disability claim and also submitted to an additional medical examination – but you were still denied benefits. The Social Security Administration has an appeals process, so don’t let the disappointment of your denial prevent you from pushing forward to get your benefits.
When you receive the “Notice of Disapproved Claim” and you disagree with the disability decision, you can move forward with an appeal. The best way to ensure that your appeal is processed expeditiously and accurately is to have a Social Security Disability attorney on your side. Applicants who are represented by an experienced Social Security Disability attorney have a higher chance of being approved for benefits than those who proceed without any representation.
The Social Security Disability lawyers of Terry, Terry, and Stapleton have the experience and knowledge to help you with your appeals process. We represent clients throughout Tennessee, including Rogersville, Newport, Morristown, Knoxville, Kingsport, Johnson City, Jefferson City and Greeneville. Call us today at 877-489-5411 for help with your Social Security disability claim.
Appeals Information
Since your initial request was denied, the Social Security Administration needs additional information and contacts in order to re-assess your disability. You will need to provide the following information:
- The name and contact information of someone else who knows about your illnesses, injuries and conditions AND is willing to provide information to SSDI representatives.
- An update of any changes in your condition since you filed your initial disability report, including new physical and mental limitations and new conditions.
- Updated medical staff contact information.
- Information pertaining to each medical test that you have had since you last completed a disability report.
- A complete list of all current prescription and over-the-counter medicine that you take and the doctor who prescribed it.
Appeals Process
The appeals process must go through the following four steps, in the order listed, to complete the appeal and reach a decision on your disability. If your disability is denied during reconsideration, you then have 60 days to appeal to the next level until your receive approval of your disability claim or you have exhausted all your options in the process.
- Reconsideration. The first step is to formally request an appeal. A Request for Reconsideration and an Appeal Disability Report must both be submitted. Your case will then be forwarded to the State Disability Determination Services office. Your medical records and additional information will be reviewed and the examiner, different than the original one assigned to your case, will make a new determination about your disability. If you are denied, move to the next step and schedule a hearing.
- Hearing. You must complete a Request for Hearing by Administrative Law Judge and an Appeal Disability Report. In addition, if you want to meet in person with the judge you can request an appointment. After talking with you and your representative, if you are working with one, the judge will notify you in writing of his or her decision on your case. If your benefits are denied, move to the next step and request a review of decision.
- Appeals Council Review. You must complete a Request for Review of Decision / Order of Administrative Law Judge. Your request will then be sent to the Office of Disability Adjudication and Review. The assigned reviewer will evaluate your medical records and notify you in writing of the decision on your case. If your benefits are denied, move to the next step and request a district court case.
- District Court Case. You usually have an attorney at this level of appeal. He or she must file a case against Social Security in District Court. Your case will be heard by a District Court judge who will notify you in writing of the decision on your case.
Reconsideration Questions
At each level of the appeals process, the reviewer considers the following steps to determine if a claimant is disabled and disability benefits should be provided:
- Is the claimant working/engaged in substantial gainful activity?
- Does the claimant have a severe impairment?
- Does the claimant meet or equal a listing of medical conditions contained in the Social Security List of Impairments?
- Can the claimant perform his or her past relevant work?
- Can the claimant perform other work?
Contact Terry, Terry, and Stapleton to File an Appeal
If you feel that your application has been unfairly denied, contact the Tennessee Social Security Disability attorneys of Terry, Terry, and Stapleton at 877-489-5411 or via our online form.
At Terry, Terry, and Stapleton, we handle Social Security Disability cases from the initial application stage through administrative hearings and federal court. We will properly prepare your application and the medical evidence of your disability. Whether your case falls under SSDI or SSD, our Social Security attorneys can help you get the disability benefits you deserve.
