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How can I appeal a denied disability claim?

If your Social Security disability claim was denied in Mississippi, you’re probably considering your next steps. The fact is that many claims are denied and by filing an appeal you can hopefully secure the benefits you need when you’re unable to support yourself due to an injury or illness. The Social Security Administration explains your different options for filing an appeal.

Reconsideration

The reconsideration process offers two options to applicants. If your claim was denied for medical reasons, you can request a new reviewer to look over your case. You can also submit new evidence to back up your claim (such as a medical assessment from another doctor). Claims can also be denied for non-medical reasons and if you dispute the basis of the denial you can request a non-medical reconsideration. Both types of reconsiderations can be applied for online.

Hearing By Judge

If your reconsideration is also denied you can request a hearing in front of an administrative law judge with no prior knowledge of your case. Here you’ll be asked questions about your disability and how it impacts your ability to earn a living. A vocational expert will also be present to provide their assessment of what another person with the same disability could accomplish. You can also bring witnesses to speak on your behalf.

Review By Appeals Council

A review of your entire case and the decision made by the administrative law judge can also be requested. The appeals board may choose to overturn the preceding decisions and award you disability, or they may ask that the case return for another hearing (this usually happens due to procedural error during the initial hearing). Your request for review may also be denied, at which point your appeal would need to be addressed to a federal court. You must file your federal appeal within 60 days of it being denied by the appeals council in order for it to be considered valid.

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