Every year, numerous California residents suffer injuries or illnesses that prevent them from working. Social Security Disability Insurance is available to provide some level of compensation in place of their lost income, but many people struggle to obtain this benefit. It is common for SSDI claims to be denied. When that happens, one may be able to appeal the decision.
The appeals process
Those who wish to appeal need to file a written request within 60 days of receiving the claim denial. The easiest way to appeal is to file the petition online. After the filing is submitted, there are four potential stages of the appeals process:
- Reconsideration
- Hearing
- Council review
- Court review
During reconsideration, an individual not involved with the initial claim will review the application and any supporting documentation and render a decision. If that decision is still not in one’s favor, one may request a hearing. At the hearing, a judge will review all the information, ask questions and hear witnesses before approving or denying the claim. If the judge denies the claim, the case may move to council review, and if the council reviews it and denies it, a lawsuit may then be filed in federal court. The hope is that an appeal will be successful at the reconsideration stage; however, there are no guarantees, and many individuals end up working through most or all of the stages of appeal before receiving approval or having their claims ultimately denied again.
Don’t go it alone
Social Security Disability Insurance claims are denied for several reasons. California residents whose claims failed to receive approval can work through the appeal process in an effort to seek the benefits they need to survive. As the appeal process can be confusing, those wishing to appeal do not have to go it alone. An attorney with experience handling such cases may assist through the process and help one fight for maximum compensation.