Unbeknownst to most first-time applicants, most initial applications for Social Security disability benefits in Atlanta are denied. This is an unfortunate reality but the good news is that there is an appeals process in place that provides a degree of recourse should your application be one of those denied. Sometimes applicants are justifiably denied benefits because they simply and legitimately do not meet the requirements for receiving those benefits. But in many instances, applicants are wrongfully denied and hence are encouraged to begin the appeals process and seek competent legal counsel so that he or she can be guided through that process successfully.
The appeals process involved with the denial of Social Security disability benefits is unfortunately most times a long and convoluted one. The process typically includes the following stages:
Reconsideration – An attorney can submit new evidence to Disability Determination Services in order to have the case reviewed.
Review by the Office of Disability and Adjudication – In the event that an application is denied a second time after being reconsidered by the DDS, the applicant’s attorney can appeal the second denial as well. An appeals hearing will be arranged which will be presided over by an Administrative Law Judge. Prior to this hearing, the applicant’s attorney will be informed regarding whether or not vocational or medical experts will be summoned by the Social Security Administration (SSA).
Appellate Division – In the event that the second appeal is denied, the case can then be submitted to the appellate division as long as the applicant’s attorney does so within 20 days.
Federal Court – Upon a fourth denial, the applicant’s attorney can appeal by filing a lawsuit in federal district court in Atlanta. If benefits are denied at this level, there is no further recourse for the applicant and no additional opportunities for appeal.
