Ohioans who are suffering from an illness, injury or disability and are unable to work might consider seeking Social Security disability benefits. Unfortunately, there are times when a person is denied benefits or has benefits stopped. Those who face this issue have the right to appeal. Understanding the appeals process is imperative if there is a denial. There are four levels of appeal: reconsideration, a hearing by an administrative law judge (ALJ), a review by the Appeals Council and a review by a federal court.
Reconsideration is when the SSA conducts a full internal review of the claim. This is done by someone who did not take part in the initial decision. All evidence will be examined, and the claimant can provide more evidence. The claimant generally does not have to be present during reconsideration.
A hearing can be held if there is a disagreement with the reconsideration decision. A neutral ALJ who was not part of either the initial decision or the reconsideration will hear the case. If there is a disagreement over the hearing decision, the Appeals Council might agree to hear the case. It does not have to hear a case if it chooses not to.
Finally, if the claimant is not happy with the decision by the Appeals Council or the Appeals Council refuses to hear the case, it can be taken to federal court. That is the final step for an appeal. During the appeals process, the SSD benefits can continue if the appeal is based on the decision that the claimant can no longer receive them because the medial problem is not considered disabling any longer. Benefits can also continue if the appeal is based on no longer being able to receive Supplemental Security Income or SSI has been reduced or suspended. For benefits to continue during the appeal, the SSA must be informed within 10 days of the date the letter was received. As a word of caution, a person who asks that benefits be continued may have to pay them back later if he or she loses on appeal.
Those who were either denied Social Security disability or had their benefits stopped need to know that there is still a chance to be approved or have the benefits started again. Speaking to a legal professional about all aspects of the SSD process can help in moving forward with an appeal.
Source: ssa.gov, "The Appeals Process," accessed on Aug. 9, 2016
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