How Long Will It Take To Appeal A Denied Claim? A Winter Park SSDI Lawyer Shares The Answer
Receiving a Social Security Disability Insurance denial can be frustrating. Read on to learn exactly what to do when you receive that white envelope in the mail.
You have a few options when you receive a Social Security Disability Insurance (SSDI) denial, but they must be done in a timely manner. With the strategic insight of a Winter Park SSDI lawyer, you will be able to take strong steps towards a favorable result. There are four main levels of appeal that can be taken once your Social Security Disability claim has been denied. During each of these levels, the clearly-set timelines must be strictly followed. If a deadline is missed without good cause, an applicant will be required to start the full process again, leading to further delays in receiving SSDI benefits.
Reconsideration
You can submit a reconsideration if you disagree with your initial determination. However, you may not understand why your case was denied, so it is helpful to bring on an experienced Winter Park SSDI lawyer who can share valuable insight into court processes and fill gaps in your original application. This type of appeal can be processed online or by mail, and must be submitted within 60 days of initial determination.
Administrative Hearing
A Winter Park SSDI lawyer will represent you and your case in a court hearing. If the location is more than 75 miles from your home, you may be eligible to request reasonable and necessary travel cost compensation from your judge before your court date. If you are unable to make your hearing, you must notify your judge no later than five days before the hearing.The hearing for a SSDI appeal typically includes:
An explanation of your medical condition and the documentation in your provided file
A call of witnesses to testify (this includes medical and vocational)
Presentation of new evidence, if applicable
Appeals Council Review
This level can be requested by you or your attorney within 60 days of your hearing decision. It is a written request that will be sent to the Appeals Council and may include new evidence or materials you have collected since your initial denial. From here, the Appeals Council will grant, deny, or dismiss your request.
Federal Court Review
If you disagree with the decision of the Appeals Councils, you can file an action with the U.S. District Court in your area. This must be done within 60 days of your determination by the Appeals Council. At this point, they will make a final decision, or send the process back for further reviews or hearings.
Let Us Strengthen Your SSDI Appeal
Culbertson, Jacobs & LaBoda, PLLC offers more than 45 years of experience serving our clients and has two of the 10 lawyers in the state of Florida who are certified for Social Security Disability law. We collectively hold bar admissions for the U.S. Courts of Appeal for the Fifth, Ninth, and Eleventh Circuits, and the U.S. Supreme Court. Contact us to set up a consultation today.