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Appeal a disability claimIf your initial disability claim is denied, you need to contact your local Social Security office or the toll free number 1-800-772-1213 for an appeal (if you have an attorney, you may contact that individual and they will submit the necessary appeal forms for you). It is important to always remember that all appeals for social security disability and SSI have a sixty-day appeal period and this is not negotiable with SSA. Appeal requests that are received outside the deadline date will generally not be granted by the social security administration, meaning that a claimant who files late will proabably have to start over with a new disability application. The Social Security appeals process consists of three levels. The first appeal is known as a request for reconsideration, and once you fill out and return your appeal paperwork, your claim will be sent back to the state agency responsible for Social Security medical decisions for another decision. A different disability examiner will review your reconsideration claim. However, your claim will be decided using the same rules and regulations as the initial social security disability or SSI claim. If your reconsideration is denied, you may request a hearing before an administrative law judge. Often a hearing is your best chance of receiving a disability allowance, because an administrative law judge is not bound by the same rules and regulations as the state disability agency. Therefore, you should consider getting a Social Security representative (an attorney or a non-attorney advocate) who is familiar with Social Security rules and regulations in regard to disability. As with any other court, it is usually a good idea to have a representative who knows the law. If your disability hearing is denied you may file an appeal of this decision to the Appeals Council (not many decisions are reversed there), and after that your only course would be Federal Court. For more information on: Social Security Disability and SSI Disability.
A few words about Elder Law
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