How do you appeal your disability denial in Ohio?

If you have received a Social Security denial notice in Ohio, you should immediately contact your local Social Security office if you do not have a representative. Doing so will put them on notice to send you the appropriate appeal forms.

If you filed a disability application in Ohio and have been denied, your first appeal will be something called a "request for reconsideration". To Learn more about the reconsideration appeal, you may wish to visit one of the following two pages:

  • The Disability reconsideration Appeal - what is it and how do you file for it?

  • Reconsideration of a Social Security Disability denial- what does it involve?

  • If you have already filed a reconsideration appeal and this has been denied (which is not unexpected since the rate of denial on reconsiderations is usually higher than for initial claims--nationally, about 85 percent of reconsideration appeals are denied, while in Ohio the reconsideration denial rate is 89 percent), then the appeal that will be filed will be a request for hearing before an administrative law judge.

    To Learn more about the hearing appeal, you may wish to visit one of the following two pages:

  • Preparing for a Disability Hearing to Win Social Security or SSI Benefits

  • Basic Facts about the Administrative Law Judge Social Security Disability Hearing

  • Of course, if you have a representative--either a disability lawyer or a non-attorney disability representative--they will be notified of your denial and they should file your disability appeal paperwork for you. After filing your appeal, your representative will typically keep a copy of the appeal for their file and also mail a copy to you for your own personal records.

    After the appeal has been submitted, the representative will be notified by SSA that the appeal has been received in the form of a notice of acknowledgement. If SSA does not send an acknowledgement notice, the representative may do a follow status call to verify that the appeal was received.

    If you do not have a disability representative in Ohio, as was stated, Social Security will mail the proper appeals forms for you to fill out and return. You may also go to your local Social Security office to fill out your appeal paperwork.

    Just a reminder -- if you have requested that your appeal paperwork be mailed to you and you have not received that paperwork within a reasonable amount of time, and you are also not represented, you should contact Social Security. It does occasionally happen that paperwork is lost or does not arrive where it is intended. This, of course, can result in an expired appeal deadline, which can result in a claimant being forced to file a brand new claim.

    Not only does the filing of a new disability application in Ohio consume valuable time, it also changes the filing date which can potentially result in lost eligibility for thousands of dollars in disability back pay.

    Remember that you must return your paperwork within the sixty-five day appeal period (sixty days plus five days for mailing) or you may have to begin the disability process all over.

    About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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