What If I’m Denied?
If you are denied receiving disability, there is an appeals process that you will go through. This process involves four steps or levels. First, you will have to go through an initial determination. This is so that the judge can determine whether you are disabled and unable to work.
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A reconsideration determination is held to see if there was anything missed in the initial hearing. Next, you will go in front of a law judge to give information about your disability, why you are unable to work and give any statements from doctors. Your attorney can help you with this process so that information is accurately given. The appeals council will review the determination.
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In the event that you are still denied, you can take the case to a federal court. There is a 60-day time limit on appeals. This is the length of time after receiving a decision from the court. The only exception is if there is an appeal to an ALJ denial which would have a 30-day limit. Appeals are treated as though it were filed on the day it is received. Dates shown on postmarks will be the date used in the appeal process. It is best to start the appeal process as soon as possible with the help of your attorney.
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