SSD Appeals at the Federal Level
It can be frustrating to go through the Social Security Disability appeals process and still have your disability claim rejected. But hope is not lost. Even when a claim is rejected after an Office of Hearings Operations (OHO) hearing, there are two steps of appeal available to you. The first step is to request a review from the Appeals Council. The second step would be to file suit in Federal Court if the Appeals Council refuses to review your case or you are not satisfied with the decision reached on your case by the Appeals Council.
When to Request an Appeals Council Review of the Hearing Decision in your Disability Case
There are couple of different scenarios where you may want to request a review from the Appeals Council. One scenario would be an instance where your request for an appeal hearing has been dismissed. The other would be when an award of benefits has been denied following a hearing with an Administrative Law Judge. The request for review must be submitted within 60 days of your dismissal of hearing or receipt of the hearing decision.
Requesting a Review from the Appeals Council
The request for review must be made in writing or with the help of your Social Security office or OHO hearing office. If you want your disability lawyer to represent you for this stage of your appeal, there is a separate form which must be filled out and filed with the Appeals Council. Southeast Disability Advocates has gone through this process many times. Contact us to serve as your representative during this portion of your appeals process.
Filing a Federal Suit when the Appeals Council Rejects your Case.
Filing a suit in Federal court is the final level available in the SSD appeal process. In the 2015 fiscal year, over 18,000 new SSD or SSI appeal cases were filed in Federal court. As with the other levels in the appeal process, you have a limited amount of time to file your suit. It must be filed within 60 days of receiving the Appeals Council’s decision.
Our Attorneys Can Help
Our attorneys have represented disabled clients in Federal court suits and won. We would be happy to review your social security disability benefits case. Our consultations are always free.