Disability Claims Help — The Appeals Process
If your disability claim is denied after the hearing, you may request a review of your case by the Appeals Council. Appeals are largely based on your existing case evidence. Therefore, it is important to have all of your evidence included prior to the appeals process.
Contacting an attorney for disability claims help before you reach this stage is a good idea. However, if you do need representation at the appeals stage, you can call me at 913-227-0100 or toll free at 877-227-8456 to discuss your case.
Appealing Your Disability Claim
If the administrative law judge turns down your case at the hearing, there are two ways to appeal:
- Request a review by the Appeals Council
- Take the case to Federal court
You have a 60-day period after your claim is denied at the hearing to request a review by the Appeals Council. Getting started on this process as soon as possible is critical. As such, you may want to get disability claims help from an attorney.
The Appeals Council will examine all requests for review. However, if the council believes the hearing decision was correct, it may deny the request. If you are granted a review by the Appeals Council, they may decide the case themselves or send it to an administrative law judge for further review.
Taking Your Case to Federal Court
Should the Appeals Council deny your claim or if they decide not to review your case, you can then file a lawsuit in a federal district court. You have 60 days from the appeals denial to file a lawsuit in federal court.
If you are taking your case to federal court, make sure you hire a lawyer with experience presenting benefit appeals to the court.
Do Not Wait Until It is Too Late
Call me, attorney Michael J. Joshi, at 913-227-0100 or toll free at 877-227-8456 for your free consultation. My Lenexa, Kansas, office is easy to reach for immediate help with your disability claim. I will give you real answers and honest opinions about your case.
