Claim Appeals Process
Initially, claims are determined through the SSA. If unhappy with the original determination the claim can be reapplied for a second decision. The reviewed claim can, at this time, be heard by a judge in the administrative branch. The next option available with a disability claim, after these initial steps, is the Appeals Council. After their review of the case, and if the results remain unfavorable, the claim can be filed with the United States Federal Court.
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Allotted Time for SSA Disability Review
A strict 60 day time allowance is held for all appeals through disability, with the exception of ALJ denials which has a time limit of 30 days. The system has determined that applicants receive the decision within five days of the initial determination, thus allowing for a 65 day total appeal period. When the appeal falls on a weekend or federal holiday it can be extended to the following work day. If questionable, postmarks are used to determine date mailed.
Maintaining Personal Rights
To ensure the protection of personal rights, as well as the correctness and legality of all documents and hearings; a personal lawyer with a clear understanding of the SSA and one’s rights within the system is essential in ensuring an agreeable determination is reached.
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