In our previous post, we began looking at the appeals process for applicants seeking Social Security disability coverage. As we noted last time, there are four separate levels of appeal one can proceed through, beginning with reconsideration.
We left off discussing the second level of appeal, the hearing with an administrative law judge. At this level, the person appeal their decision will be questioned, as will any witnesses they bring to verify their claims. The judge may also question other witnesses for information, such as medical or vocational experts. The appellant or their representative will be allowed to question those witnesses.
A hearing may be conducted, in certain situations, by video conference rather than in person, but it is generally better to attend the hearing in person. If an appellant is unable to attend to hearing or doesn't' wish to, a written explanation must be provided. Generally, one will then not have to attend unless the judge believes it is necessary to determine the case. Alternatively, the judge may set up another time for the hearing if there is good reason for it.
If one disagrees with the administrative law judge's decision, one may the proceed to the Appeals Council, which has the right to reject an appeal if it feels the previous decision was made correctly. If the Council does take up the case, it will either decide the case itself or send it back to an administrative law judge for another review.
Beyond this, one's may file an appeal in a federal district court, which has its own set of procedures.
One may contact the Social Security Administration for other questions regarding this process. At any level of appeal, it is helpful to have a representative who knows how to navigate the system and present your case effectively. That is particularly the case if one proceeds to the level of Federal Court.
Source: Online: http://www.ssa.gov/pubs/10041.html; Social Security Administration website; gives overview of appeals process.
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