Unfortunately, after an initial rejection, many people simply give up. The next level of appointment is called “Reconsideration”. You must request a reconsideration within 60 days of the original denial. You should hire an experienced social security disability attorney after the initial rejection. However, hiring a disability lawyer is a very good idea at any stage of the complaints process.
Review by the Appeals Council
If you appeal the denial of the Administrative Law Judge then your application will go to the appeals office. Their, the appeals office will review your case and examine the the file and determine if an error was made by the ALJ and will refer your case back to the hearings office if they deem there was an error in judgement. The appeals council will just be looking for any legal errors while reviewing the case. Their process is known to be slow and unresponsive and could take up to 18 months for the Appeals Council to make a decision on your application.
They could refer your case back to an Administrative Law Judge or just approve your case. If the Board of Appeals refuses, you can file a case in district court or file a new application.
Hearing by an Administrative Law Judge
When you receive a cancellation notice, it is your second denial. You are shocked that the Social Security Administration rejected you twice after requesting so much information from you, your family and your doctor. After this you will request the next level of appeal which is a hearing before an administrative judge (ALJ). It typically takes 8 to 14 months to schedule your hearing.
Review in United States District Court
If the Appeals Council denies the review, you have three choices. You can file a claim in federal court, or start fresh with an initial filing with your local Social Security office (or online as mentioned above), or do both. The federal court (district court) does not have hearings or sessions that you must attend. The government attorney assigned to your case will file a brief on behalf of the Social Security Administration. Maury Disability Law will file for you. The judge of the Federal Court decides based on the files and records.
If the federal court judge agrees with you, they can either approve your case or return it to the hearing office with instructions on how the ALJ can correct the legal error if any.
District Court level approvals are rare, but Deborah F Maury has over 35 years experience working disability cases at the Federal Level. Many other disability attorneys in Greensboro do not have this level of experience at the Federal level and is another reason why the Maury Disability Law is the best choice for your Disability Claim Appeal.