The unfortunate reality for many Supplemental Security Income (SSI) applicants is that their claims will initially be denied. Denials from the Social Security Administration (SSA) are common but they are also not the final word on your claim. With the help of a dedicated social security attorney, it could be possible to appeal and overturn these denials.

If your SSI claim was denied, an appeal might be the answer. While there is a process for appealing these claims, it is quite extensive and is not always easy to understand on your own. An SSI appeals lawyer could help you navigate each step of the appellate process and serve as your loyal advocate. There are four levels of appeals—prevailing at any of them could get you the benefits you require.

Reconsideration

The first step in the SSI appellate process is called reconsideration. As the name suggests, this step involves requesting the SSA to reconsider its initial determination. Some people seek reconsideration when their claim is denied entirely, while others object to the amount of their award.

Reconsideration is only possible following a formal written request. The request for consideration must be made within 60 days of receiving a notice of the initial decision. At this level of appeal, the SSA will only review the initial documentation submitted from the original decision.

Hearing

If reconsideration is unsuccessful, the next option is to request a hearing. This request can be made by the applicant directly or by their SSI appeals attorney. The request must be made within 60 days after receiving notice of the original decision.

Applicants have the option of appearing at the hearing or not. An applicant can ask that the Administrative Law Judge (ALJ) make a ruling based on the record as is, or they may request a hearing to submit documentation supporting their request for benefits. Following the appellate hearing, the ALJ will send a written decision to all parties involved.

Appeals Council

Following the hearing, an applicant can appeal their decision to something known as the Appeals Council. As is the case with previous levels, this appeal must be lodged within 60 days of receiving notice of an unfavorable decision. Unlike other levels of appeal, the Appeals Council does not have an obligation to hear a case at all.

When an SSI appeal is filed with the Council, it could decline to hear the case. However, it could also accept the request and take up the case. The Appeals Council actually has the power to take up a case even if the applicant has not formally asked them to do so.

Federal Court

The final option for an appeal is through the federal court system. Unlike the other levels that occur within the SSA, this last resort appeal is heard in a U.S. District Court. To take a case to federal court, it is necessary to file a lawsuit appealing a decision for SSI benefits within 60 days after receiving notice from the Appeals Council. A committed SSI appeals attorney could help ensure that a person seeking a legal suit files the proper paperwork in the allotted timeframe.

Contact a Knowledgeable SSI Appeals Attorney Today

There are many steps to an appeal, and each of them comes with its own rules and challenges. Before you attempt to appeal on your own, consider seeking the guidance of skilled legal counsel.

An SSI appeals lawyer could help you fight for the fair outcome you deserve. We take on cases nationwide—so, no matter where you are in the country, a seasoned legal professional is ready to get to work on your case. To get started, reach out right away for a confidential consultation.