The short answer for if you get denied is it depends on what the circumstances of your denial is. If it is an initial denial or a denial of reconsideration, it should be appealed (and has to be appealed within 60 days). However, if it is a denial by an Administrative Law Judge, the Appeals Council, or a federal court, the answer becomes a little trickier.
Many applicants for Social Security Disability (SSD) or Supplemental Security Income (SSI) are applying for Social Security benefits for the first time and do not know how the process works. This can lead to some confusion as to what they need to do, especially if they get denied initially.
In general, the process has 3 phases: (1) the Initial Level, (2) Reconsideration, and (3) the Hearing Level.
If you are denied at phase 1 or phase 2, Drummond Law can help you appeal your case in order to make sure it stays active and continues to the next phase. It is important you contact us as soon as possible after you get denied because there is a 60 day time limit to appeal your denial. If you don’t appeal it within 60 days, you may have to start the Social Security Disability process over.
However, if you get denied at phase 3 after a hearing with an Administrative Law Judge (ALJ), the decision of whether to appeal depends on a number of factors including what medical treatment you have underwent and what the decision from the ALJ is based on.
If you have been denied Social Security, please contact Drummond Law at (800) 842-0426 for a FREE consultation during which we can help you determine how to proceed.