The initial application takes place when you apply for disability benefits. You should apply immediately for benefits if you expect to be off work or have been off work for one year due to disability. Apply now even if you have not been off work a full year. If you are denied at the initial application, you need to file a request for reconsideration.
You must file a Request for Reconsideration within 60 days of the date you receive your denial letter. If you miss the appeal deadline, then you have to re-file a new initial application and start the process all over again. It is generally a good idea to speak to an attorney at the reconsideration level. If you are denied on your Request for Reconsideration, then you must file a Request for a Hearing.
A Request for a Hearing must be filed within 60 days of the date you receive your denial of the Request for Reconsideration. The Administrative Hearing is a private, informal hearing that is recorded under oath. This is your chance to tell the Judge all about your pain and limitations. It generally takes 12 months to get a hearing scheduled from the date you file your Request for a Hearing. If the decision by the Judge is unfavorable, then you may file for Appeals Council Review.
Once again, you only have 60 days from the date of the Judge's unfavorable decision to file a request for review by the Appeals Council. The Appeals Council will only review the Judge's decision as it relates to Social Security laws and regulations. You are only allowed to submit a brief outlining your position, you will not be granted a hearing on the matter. You may also submit new evidence to the Appeals Council if properly submitted. If you are dissatisfied with the Appeals Council Decision, then you must file an appeal in Federal Court within 60 days.
The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
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