If your initial claim for Social Security disability benefits has been denied, you should file a disability appeal, not a new claim. The first appeal is called a Request for Reconsideration. If the Request for Reconsideration is later denied, you should file an appeal to Request a Hearing before an Administrative Law Judge. You only have 60 days to file your appeal, but Social Security assumes it takes 5 days for the notice to reach you, so you really have 65 days from the date on the denial letter. If you want to appeal a judge’s denial of your case after a hearing or you want to file an appeal in U.S. District Court after an Appeals Council denial, we strongly recommend you contact our firm or another attorney who is experienced in filing those types of appeals. Those appeals cannot be filed online. You CANNOT file any type of appeal over the phone.
There are two ways to file a Request for Reconsideration or a Request for Hearing. The first way is online. You can file the appeal on Social Security’s website. Once you have filed the appeal you will be shown a page with a re-entry number. Print out this page. At the bottom of the page is the confirmation that you filed the appeal. You will also need the re-entry number. You will then need to complete a disability appeal report online. If you have to stop working on the report and come back to it later, then you will need the re-entry number to get back into your report. Be sure to complete the report, because Social Security will not work on your appeal until it is completed. Before filing, read our tips for completing an appeal.
The second way to file the appeal is to file the appeal in paper form. You can download the Request for Reconsideration or Request for Hearing forms from the Social Security website. You will also need to download and complete the Disability Appeal Report. Complete the forms and take them to your local Social Security office. You can also get the forms from your local Social Security office.
We file the disability appeal for our clients so that they do not have to worry about appeal deadlines or using Social Security’s website.
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