How Does the SSD Appeals Process Work?
In both the SSD and SSI programs, the Social Security Administration provides a four-tier process for appealing decisions:
- Reconsideration: Your application will be reviewed a second time by an examiner who was not involved with the initial review. When you request reconsideration, you are allowed to add to your application before it is reviewed again. You will receive assistance from our attorneys to determine what issues should be addressed in your initial application and what additional evidence should be provided
- You can request a hearing before an Administrative Law Judge (ALJ) if your claim is denied upon reconsideration. Testimony and witnesses may be presented during a hearing, including physicians who have examined or treated you. In this process, our lawyers will guide you to ensure a strong case is presented at the hearing.
- Appeals Council Review. You can ask the Social Security Administration’s Appeals Council to review your case if you are not satisfied with the results of the hearing. The Appeals Council may decline the request, conduct the review and hand down a decision, or remand your case to the ALJ who heard it previously to examine it again. Review by the Appeals Council is not something you participate in.
- District Court Case. If an Appeals Council review fails to resolve your claim to your satisfaction, you can file a lawsuit against the Social Security Administration. You could present evidence and testimony in a lawsuit before a federal district court judge. It would also be possible for the SSA to counter your evidence and testimony and present evidence in opposition to your claim.