Most appeals are due within 60 days, and missing that deadline can be detrimental to your claim. Many people will give up on their disability claim if they are initially denied, but doing so can have dramatic legal consequences to your case. Many folks will start a new claim versus appealing and not know that they have just harmed their chances of winning even more. The chances of winning your claim actually improves as your get further along in your appeal (specifically, at your hearing).
As your attorneys, Evans Disability will be sent a copy of your denial letter from Social Security. This way, we can appeal on your behalf and make sure that you do not miss your appeal deadlines.
Application Denial
If you are denied at application, then the first appeal is called a Request for Reconsideration. In essence, you are asking Social Security to reconsider your application. When you file this appeal, you have the opportunity to present new and updated medical information. There is a common misconception that Social Security “just has that information”, or that they “look it up”. This is not true! You must give Social Security the most information you can. Diligence is important and crucial after denials. As your attorneys we will file your appeal online.
SSA uses the SSA-561 Request for Reconsideration form if you cannot file online.
You will also be required to update SSA with new information. You will need to fill out SSA-3441 after you file your request for reconsideration.
Evans Disability will help you fill this form out as well.
Reconsideration Denial
We will be sent a copy of your denial letter so we can make sure your case is appealed in a timely manner. This second appeal is called a Request for Hearing. You typically have 60 days to file a Request for Hearing form after your reconsideration denial. It is important not to give up! Your odds of winning go up significantly when you continue your claim to a hearing in front of an administrative law judge. Evans Disability can file this form online for your behalf.
You will also need to submit an updated SSA-3441 at this time as well an Authorization to Disclose Information form.
Hearing Denial
Evans Disability will be sent a copy of your Administrative Law denial. We will appeal your Administrative Law Judge denial to the Appeals Council. We have 60 days to file a Request for Review of Hearing Decision. Evans disability can file this form on your behalf as well.