It does seem as if most social security disability claims are denied. Some people even believe that a certain number are denied for no reason other than to meet some mythical quota of denials. Whether the reason for a denial is semi-valid, such as a missing doctor report or missed filing deadline, or there seems to be no good reason for the denial, workers do have the right to appeal their case.
The first step in the appeals process is to file a signed request for appeal. This can be done by the claimant or their legal representative. There are many social security disability attorneys who are experienced with appeals and can significantly improve the chance of the appeal succeeding.
Next the Social Security Administration will review the request to ensure it is complete. They will request a disability report or review one that is already submitted. Once things are in order, they will forward the case to the Disability Determinations Services office for the area.
This local or regional office will review all medical records, including any new ones. If an in person review was requested, they will schedule and conduct the review with the applicant and their lawyer. They will also make the final decision regarding the appeal and notify the claimant in writing.
This first level of appeal is called reconsideration. If the claim is still denied, applicants can request a formal hearing in front of an Administrative Law Judge . Following that they have the right to an Appeals Council Review and, if still denied, they can instruct their lawyer to file a federal or district court case on their behalf.
