When your application for SSI is denied it isn't over yet. You don't have to accept the decision. You have two choices. You can appeal or you can submit a new claim. Don't ever submit a new claim once your claim was denied. It will just make the process take even longer. It is actually expected that you file an appeal instead of submitting a brand new claim because so many applications are rejected the first time through. The Social Security Administration's rules and guidelines are strict and the smallest thing could have caused your application to be denied. The DDS representative is going by what is in your file to determine if you qualify. In most cases they never talk to you so the rejection may be to gain more information that can be received during an appeal process. Although it isn't needed, it is recommended that you hire an attorney to help you with your appeal process.
Appeal Process
Reconsideration: The first step to any appeal process for disability is the request for reconsideration. This is when you ask that someone other than the first person that rejected your application take another look to see if you should have been approved. All of your information what was submitted the first timed plus any new information is reviewed by someone else. At this stage you don't need to be there. If it is decided that you should have been approved your case will be approved. If not, the decision will stand and you can appeal it.
Hearing: You will request a hearing when you disagree with the decision for the reconsideration. At this stage your case is reviewed by an administrative law judge. This will be the first time that this administrative law judge will review your case. Once he reviews your case a ruling is made to either uphold the decision to deny or to override it. If the decision is still to deny your case you can make a request for an Appeals Council to look into your case.
Appeals Council: At an Appeals Council your case is reviewed and it is at this level that the entire case can be overturned or rejected. The Appeals Council can also send your case back to the administrative law judge to be reviewed again.
Federal Court Review: Once your case has gone through the other three appeals processes and you still aren't satisfied with the outcome you can file a suit with the federal courts. You are instructed how to file a lawsuit when you receive your denial letter from the Social Security Administration.
A Note About Council
As previously stated, it is not a requirement that an attorney represent you at any stage of the appeal process. You can represent yourself. But, you have so much in your favor if you hire a SSI attorney. The people who have an attorney represent them when their case to be approved for SSI in more cases than the people who represent themselves.
Appeal Process
Reconsideration: The first step to any appeal process for disability is the request for reconsideration. This is when you ask that someone other than the first person that rejected your application take another look to see if you should have been approved. All of your information what was submitted the first timed plus any new information is reviewed by someone else. At this stage you don't need to be there. If it is decided that you should have been approved your case will be approved. If not, the decision will stand and you can appeal it.
Hearing: You will request a hearing when you disagree with the decision for the reconsideration. At this stage your case is reviewed by an administrative law judge. This will be the first time that this administrative law judge will review your case. Once he reviews your case a ruling is made to either uphold the decision to deny or to override it. If the decision is still to deny your case you can make a request for an Appeals Council to look into your case.
Appeals Council: At an Appeals Council your case is reviewed and it is at this level that the entire case can be overturned or rejected. The Appeals Council can also send your case back to the administrative law judge to be reviewed again.
Federal Court Review: Once your case has gone through the other three appeals processes and you still aren't satisfied with the outcome you can file a suit with the federal courts. You are instructed how to file a lawsuit when you receive your denial letter from the Social Security Administration.
A Note About Council
As previously stated, it is not a requirement that an attorney represent you at any stage of the appeal process. You can represent yourself. But, you have so much in your favor if you hire a SSI attorney. The people who have an attorney represent them when their case to be approved for SSI in more cases than the people who represent themselves.
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