This week, Disability Tips looks at the stages and appeals in Social Security disability cases: application, reconsideration, hearing, appeals council and beyond! We also discuss:
Give it a listen: Continue reading Stages in a Social Security disability case EXPLAINED!
A number of attorneys suggest that if you are denied at your Social Security disability hearing, you should do two things:
- Appeal the Administrative Law Judge’s (ALJ’s) decision to the Social Security Appeals Council, and
- File a new claim for Social Security disability benefits.
The idea was that the new claim would be evaluated by Social Security until it got to the hearing level, the the old claim was pending on appeal. There were pros and cons to this approach.
- Since cases often take in excess of 18 months at the Appeals Council, some advised to start the ball rolling on a new claim (which might get approved sooner).
- The problem was that a denial on the new claim might reinforced the correctness of the prior hearing denial which is being appealed.
- Also, if the new claim got to the hearing level, it was put on hold until the Appeals Council decided on the appeal of the prior hearing decision.
- If the Appeals Council denied the appeal, it might have a chilling effect on the new claim’s chances waiting to be heard at the hearing office.
Well, all this is a thing of the past.
With SSR 11-01p, Social Security now effectively makes you pick whether to appeal OR start a new claim. Continue reading SSR 11-1p: can’t appeal and reapply for Social Security disability
You have been denied disability benefits by an Administrative Law Judge at your Social Security hearing. You filed an appeal with the Social Security Appeals Council.
If they approve the appeal, you can get your disability benefits? Right? Umm Probably not.
Here’s the lowdown that you need to know about what happens at the Appeals Council: Continue reading “Winning” at the Social Security Appeals Council isn’t all it’s cracked up to be
Did you represent yourself at your Social Security disability hearing? If you were denied, you may find it is difficult to find a lawyer to represent you.
Sadly, this is a common problem. It is much harder to hire an attorney after you been denied.
Continue reading Can’t find lawyer for your Social Security hearing denial?
If Social Security alleges that you owe them money to repay an overpayment, you have two choices to fight it:
- You can either file a “Waiver of Overpayment,” or
- You can file a “Request for Reconsideration.“
Social Security may direct you towards filing the waiver, but there are some things you should know before making a decision. Continue reading Social Security overpayment choices: reconsideration or waiver
Tim Moore writes about his experience with claimants who wait patiently for Social Security to contact them after filing a claim or an appeal:
In the case of disability applications, some found that while they continued to wait on an answer, a decision had already been made on their case. In fact, the decision had been made so long ago that the 60 day period in which a claimant is entitled to file a disability appeal had already elapsed. In the case of disability appeals, some claimants who patiently waited on an answer regarding their claim…eventually discovered that the appeal they had mailed in had never been received, or had been lost.
Continue reading Is your case on track? Call Social Security to make sure!
If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.” You only have 60 + 5 days to get the appeal to the Appeals Council from the date stamped on the judge’s decision (5 days to receive the decision and 60 days to deliver the appeal).
Here are a couple of things to keep in mind about the appeal: Continue reading Denied at hearing? The Social Security Appeals Council EXPLAINED!
One year? Three YEARS! FIVE YEARS! You hear a lot of “information” about how long it takes to get your Social Security disability hearing.
Want some truth? Read on: Continue reading Wait time to Social Security hearing
If you have been reading this site, you already know the quick and dirty rule for winning Social Security disability. You have to show that you can’t do some type of full-time work. This is a simplification of the Social Security disability standard, but it is sufficient for this article. You think you have the evidence to prove that? If you just have your medical records, I’ll bet you don’t! Continue reading You won’t win Social Security disability without this!
Social Security denied my disability benefits. Should I appeal or reapply?
While every case is different, based on my experiences handling Social Security disability cases in Colorado, I find there is definitely a clear choice! Continue reading Social Security denial: should you appeal or reapply?