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SSDRC authored by Tim Moore
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Social Security Disability appeals in South Carolina
There are actually several levels that comprise the appeal system for individuals who have been denied on a social security disability or SSI disability claim in South Carolina.
Those levels are 1. the disability hearing before an administrative law judge, 2. the appeals council, which reviews denials made by disability judges, and 3. federal district court (for individuals who have been denied by a disability judge and have also been denied by the appeals council).
What are the most important things to keep in mind regarding disability appeals? Here's a short list that applies to all social security disability appeals and SSI appeals, regardless of the the level your claim is at.
1. All disability appeals must be received by the social security administration within sixty-five days of the date of your last denial. This does not mean that appeals must be submitted within sixty-five days, but, rather, that the social security administration must actually receive an appeal by the sixty-fifth day. If you receive a denial notice from the social security administration, you will notice that sixty days are given to submit appeals.
However, claimants are also allowed an additional five days for mail time, giving all denied claimants a total of 65 days to submit their appeals.
2. When submitting appeals for disability, you should be sure to clearly indicate on the appeal forms your most recent medical treatment, including the names of the doctors and hospitals where you have been treated as well as the dates of treatment. By doing this, you can help to ensure that your SSD or SSI disability claim will be reviewed properly.
Without doing this, the disability examiner or disability judge reviewing your claim may be unaware of medical treatment you've received and, as a consequence, those medical records may not be gathered or reviewed.
3. If you have a disability attorney assisting you on your case, allow this individual to submit the necessary appeals for your social security disability or SSI case. To faciliate this, you should contact your attorney whenever you receive a notice of denial from social security. And, for that matter, it would be best to contact your disability attorney whenever you receive correspondence from SSA.
Why should you do this? For this reason: although the social security administration is required to send copies of all letters and notices to your disability lawyer, this doesn't always happen. So, whenever you receive correspondence regarding your case, you should contact your lawyer just in case they don't receive their copy of what SSA has sent you.
4. Disability appeals can take a very long time to process. In the case of reconsiderations (reconsiderations are the second step in the federal appeals system), it may take one to four months to receive a decision or, in some cases, longer than half a year. In the case of disability hearings, it can take much longer. Disability hearings can take 1-2 years to get scheduled and after a hearing has been held, it can take several months to receive a decision.
5. Disability appeals have different rates of approval depending on the level of the social security disability and SSI appeals system that your claim is currently at. Reconsiderations have a very high rate of denial (on average, about 85%), while disability hearings are won by at least half of all disability claimants.
6. If you are scheduled for a disability hearing before an administrative law judge, consider finding representation if you haven't already. Having a disability advocate or lawyer can significantly improve your chances of winning benefits at the hearing level.
Return to: Social Security Disability Resource Center, or read answers to Questions
Filing for disability in South Carolina
If you File or apply for Disability in South Carolina
How long does it take to get a disability decision in South Carolina?
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What to bring when applying for disability in South Carolina
Applying for SSI Disability Benefits in South Carolina
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If you file for disability in South Carolina and get denied
South Carolina disability back pay benefits
Social Security Disability Retroactive Benefits in South Carolina
Getting Social Security Disability back pay in South Carolina
South Carolina disability tips
South Carolina Social Security Disability appeal tips
How to apply for disability in South Carolina and get approved?
How to get awarded disability in South Carolina
How to qualify for disability in South Carolina
South Carolina Disability Doctors
Help Your Doctor Help You to Win disability in South Carolina
A Disability Exam in South Carolina
Social Security Disability DDS doctors in South Carolina
Medical Conditions and SSD SSI in South Carolina
You Must be Disabled for a Year to get disability in South Carolina
Social Security Disability for Mental and Physical Problems in South Carolina
List Mental Conditions on a Disability Application in South Carolina
South Carolina disability applications and your condition
Disability hearings in South Carolina
Social Security Disability Hearing Decisions in South Carolina
Disability Hearing in South Carolina offers a chance for winning benefits
Disability hearing in South Carolina, what happens?
Disability denials in South Carolina
If you lose your disability case in South Carolina
Social Security Disability appeals in South Carolina
Disability appeals in South Carolina
When a social security disability claim gets denied in South Carolina
Should You Appeal Your Social Security Disability Denial in South Carolina?
Appealing a denial of Social Security Disability in South Carolina
Qualifying for disability in South Carolina
Qualifying for Disability in South Carolina
Who qualifies for disability in South Carolina?
Will you get Approved for Disability in South Carolina?
Disability cases to win in South Carolina
Disability lawyers in South Carolina
South Carolina Disability lawyer, hiring
Using a Social Security Disability Attorney in South Carolina
How to pick a disability lawyer in South Carolina
Get a Good Disability Attorney or Disability Representative in South Carolina