Levels of appeal for Social Security Disability benefit claim

If your Social Security disability benefit application has been denied, don't lose hope. It is just a beginning for your claim process. You may file an appeal.

The Office of Disability Adjudication and Review (ODAR) handles all appeals and hearings for denied claims.

You are entitled to these levels of the appeal process:

1. Reconsideration. This level allows you to petition for review of your application. You need to fill out and submit a request for reconsideration form. You have 60 days from the denial date to file your petition. You may have to call or visit the Social Administration (SA) office to clarify the reasons on your claim rejection.

The SA personnel may explain to you what documents or medical records are lacking. He or she may also point out some misleading information in your application form or in your activities of daily living questionnaire form.

Within the 60 day review period, you may work out the needed requirements. This time, you have to carefully note the standards of SSA, and meet them. SSA has a list of accepted disability type; you may seek the help of a professional disability lawyer to help you fit with the qualifications.

2. Administrative Law Judge (ALJ) hearing. If your request for reconsideration had been denied, you have another chance. In this next stage, you will assert and request for a hearing. An Administrative Law Judge (ALJ) will be assigned to hear your case. He or she has not been involved with prior decisions on your claim. The hearing process at this stage may last from 6 months to 6 years.

You may submit additional medical evidence to substantiate your case. Your disability lawyer may help you produce further requirements in court.

3. Social Security National Appeals Council petition- If the Administrative Law Judge had denied your claim, you can still assert your claim. File another petition letter and address it to the Social Security National Appeals Council.

4. Federal court lawsuit. If all your efforts fail, you have one final chance to prove that your claim is worth an approval. File your case in federal court, and hire a professional disability lawyer to represent you.

There is a slight margin on being approved and rejected. It all boils down to eligibility and evidence.

Make sure your disability is included in the accepted list of SSA. Assert that your disability is expected to last long term and it hinders you from performing alternative job. Present adequate and correct medical records to prove your disability. Most of all, hire an expert Social Security and Disability lawyer in Los Angeles to help you win your case.