How To Appeal A Social Security Denial: 4 Crucial Steps To Take

If Social Security denies your claim, you have a right to appeal. Their denial of a claim is not the end of the story. If you disagree with their determination, you have 60 days from the date on your notice to request an appeal. The first step in this process is to file a written statement that explains why you think Social Security should change its decision. This will automatically start the 60-day clock for them to schedule a hearing before an administrative law judge or work out another means for you to present your case in person. Here are 4 steps to take after your claim has been denied.

1. Gather documents and evidence

First things first, take a deep breath and remember not to panic. You have 60 days from the date of notification that your claim has been denied to request a hearing with an administrative law judge or any other means by which you can personally present your case. Having a lawyer can benefit you in a few ways. Social security lawyers are experts in this field and can help you work through your paperwork to make sure nothing gets overlooked. Some law firms also specialized in advocating for people with disabilities. So, if you're a person with a disability, Florence social security disability lawyer could help you. With a lawyer, you can be sure to gather your documents in the proper way and present them in the most effective manner possible.

Another thing relevant for gathering documents is to separate documentation into sections such as medical reports, proof of age and earnings, proof of familial relationship, or any other pertinent information that you think may be useful.

When organizing your documents, make sure you have copies for yourself and one for every member of the Social Security Administration involved in your case. This includes anyone who has reviewed it within the agency as well as their supervisors when appropriate. It's critical that all of the people involved in your claim have a copy of the very same documents.

2. Write the letter of appeal.

When you write your letter, you need to make sure that it is clear and concise without any unnecessary frills or language. Be sure to ask for what you want, such as an in-person hearing or a review of the information you submitted. It is important to be patient and polite, even if you have already had several conversations with Social Security representatives.

If your appeal letter does not contain all of this information, it could result in delays that may affect the outcome of your case. You also need to make sure that you send your letter to the right department.  The address to mail your letter is listed on the notice you received.

3. Request for a hearing

In most cases, if you request a hearing within the 60-day period, Social Security will hold a hearing with an administrative law judge. In some situations, they may not be able to do so and they will work with you to find another way to present your cases such as by phone or video conference.

If you miss the 60-day deadline, there is a way to ask for an exception and get another chance. Social Security has special rules about these requests called "equitable estoppel" and "equitable tolling." These two terms can be used interchangeably, but they are different in that one of them requires knowing about the deadline and acting on purpose to miss it. The other means that circumstances made it impossible for you to meet the deadline, even if you were unaware of the date.

To qualify for equitable estoppel under Social Security rules, you must have more than 60 days left on the deadline when circumstances caused your delay. Even a small amount of time left can be enough to allow you to make another request for an appeal.

If Social Security denies your request for an extension of time, they must explain why in writing so that you can think about your next step.

4. Request reconsideration of the decision

If Social Security denies you a hearing, you have 60 days starting from when you get the written notice of the denial to ask for another review within Social Security. You can do this by making a request in person or sending it certified mail, return the receipt requested, and keeping a copy for yourself.

If you have been denied Social Security benefits, it is important to know your rights and how to keep fighting for them. This article gave a few tips about how to file for an appeal. Follow these steps carefully so that you can be on your way to getting the benefits that you deserve!