SOCIAL SECURITY APPEALS: 4 LEVELS OF APPEALS

Social Security has denied your disability claim.  Don't panic.  There is a large network of appeals to handle denials and chances are you can be approved in the appeal process.

Social Security has 4 levels of appeal in most states:

LEVEL 1:  RECONSIDERATION.  The Disability Determination Service (DDS) will assign a different examiner or case specialist to review your decision.  Alabama is one of 10 states that does not use this process, so if you live in Alabama, skip to Level 2.

LEVEL 2:  HEARING before an administrative law judge, where your case gets a totally new review and new decision.  This is your best chance to win your claim.  You can present new evidence.  Your attorney can present the legal theory of the case (why you should be approved).  You can even bring witnesses to the hearing if you like.kl

LEVEL 3:  APPEAL COUNCIL.  This is not a hearing and he claimant does not appear.  The council is a group of judges who sit in Falls Church Virginia and review the decisions made b the administrative law judge.  If the AC finds legal error, they may remand the case back to the judge for a new hearing.  The Appeal Council ends your appeal rights within the administrative agency.  Next you move to the federal district courts and file a case against the Commissioner of Social Secuity. 



LEVEL 4:  The claimant may file a federal lawsuit against the Commissioner of Social Security.  This is filed in Federal District Court for the district in which you live. 

Actually there may be a fifth level of appeal.  Occassionally, the Us Supreme Court agrees to hear a Socail Seurity case.  This is not common but may happen a few times a year.