DISABIILTY APPEALS - HOW TO APPEAL A BAD DECISION

Social Security makes unfavorable decisions on good claims all the time.  Fortunately, there is a process to get bad decisions reviewed and corrected.

If your initial application is denied, you may ask for "Reconsideration."  In this process, the Disability Determination Service (DDS) will again look at your application to determine if their decision was correct.  In 98 percent of cases, your claim will be denied again, but you have spent another 4 to 6 months waiting for "Reconsideration."

If Reconsideration fails to give you a good decision, you may appeal again and ask for a Hearing before an administrative law judge (ALJ).  It will take up to 12 months to get the hearing; however, your odds of approval are pretty good at this stage.  On average, about 45 percent of cases to go to hearings will be paid.  Your attorney may have an even higher ratio of wins.  Without doubt, the hearing is the best chance of winning your claim.

If you don't get a favorable outcome at the hearing, you may file an appeal with the Appeals Council, a group of appeal judges headquartered in Falls Church, VA.  You will not appear at any hearing at this stage.  The judges will review the administrative law judge's actions to determine whether any legal errors were made at your hearing.

If the Appeals Council fails to provide relief, usually in the form of a new hearing, you may file a lawsuit in Federal District Court against the Commissioner of Social Security.

These appeal steps must be taken in order.

I want to emphasize again, that the very best chance of approval comes at the hearing before an Administrative Law Judge (ALJ).  Of all the claims that get approved, most favorable decisions come from the ALJ.
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