If you have been denied Social Security disability benefits and are debating on filing an appeal of that decision you may need to act right away. After notice of a denial, a claimant has only 60 days to get a notice of appeal in writing to the Social Security Administration. There are certain exceptions, but for the most part you have just 60 days to appeal the denial of benefits.

If you are considering an appeal, remember that upon examination of the statistics of past cases, we can clearly see that claimants represented by an attorney have had a much higher success rate than people without any representation.

There Are Three Levels Of Appeals

Your appeal may be handled at any of three levels

When the Social Security Adminsitrtation notifies you of a decision on your claim, they will tell you how to appeal the decision and at what level your appeal will be heard.

Hearing

If you disagree with the Social Security Administration’s initial decision, you may ask for a hearing on the “disability” issues of your claim, such as whether or not you are disabled, when your disability began or whether or not it has ended. An administrative law judge who had no part in the first decision of your case will conduct the hearing.

It is usually conducted within 75 miles of your home. A notification of the time and place of the hearing will be sent to you and your attorney. You will be given an opportunity to explain your case in person and provide new information about your claim. Witnesses in the case will be questioned by the administrative law judge, your attorney and/or you.

The administrative law judge will question you and any witnesses at the hearing. You or your representative also may question the witnesses.

It is usually to your advantage to attend the hearing, but it is not required. If you don’t wish to attend, you must notify the Social Security Administration in writing that you don’t want to attend. Unless the judge believes your presence is necessary in order for a decision to be made, he or she will make a decision based on all the information in your case, including any new information presented in the appeal.

The administrative law judge will take into consideration the evidence presented at the hearing and notify you by mail of their decision.

Appeals Council

If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council.

The Appeals Council looks at all requests for review, but it may deny a request if it believes the administrative law judge’s hearing decision was correct. If the council decides to review your case, it will either decide your case itself or return it to the judge for further review. You will receive either a copy of the Appeals Council’s decision or order sending it back to an administrative law judge.

Federal Court

If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

An experienced disability lawyer can guide you through the appeals process and offer advice on the process that is involved in appealing a decision by the Social Security Administration. A claimant with an attorney will get a better understanding of the Social Security System and their own claim through the advice of an attorney.

Anyone who has filed a claim for Social Security disability benefits should seriously consider the advantages of having an attorney to represent them in the case.

Am I Eligible for Retroactive Payments?

Many individuals who apply for Social Security Disability benefits will be paid past due benefits because of the lengthy Social Security Disability application process. The amount of back pay benefits a claimant will receive will vary for Supplemental Security Income benefits or Social Security Disability Insurance.

Individuals receiving Social Security Disability Insurance benefits may be entitled to retroactive payments from the date of their application and up to 12 months prior to the application date, minus a 5 month waiting period. The Social Security Administration will use the claimant’s EOD or established onset date to determine when their disability began. The claimants established onset date is the date they became unable to work due to their mental or physical condition. The DDS examiner or Administrative Law Judge will determine this date by analyzing the claimant’s medical records.

Supplemental Security Insurance is a Social Security Disability benefit program for individuals who become unable to work due to a disabling health condition but do not have the work credits to qualify for Social Security Disability Insurance. If a claimant applies for Supplement Security Income benefits they will receive Social Security Disability payments back to the first day of the month following the date of their application. Individuals will not receive any back payments prior to the application date regardless of the onset date of their disability. Back payments up until the application date could still be substantial if it takes a long time to win Social Security Disability benefits.

How Long Will It Take to Receive Back Pay?

Social Security Disability Insurance back pay is usually paid in a single lump sum payment. If the claimant is entitled to Supplemental Security Income back pay they may receive a lump sum payment if the amount is less than $6,000. If the amount is more than $6,000 the amount may be given in installments to meet the requirements of the income and resource limits of the Supplemental Security Income program.

How Is a Social Security Disability Attorney Paid?

If a claimant receives back pay for their Social Security Disability claim and has hired a Social Security Disability attorney, the Social Security Administration will generally withhold 25% of past due benefits awarded to the claimant up to the $5,300 maximum fee allowed under the Social Security Act and a check will be sent directly to the Social Security Disability attorney. Additional expenses may be incurred by the Social Security Disability attorney for gathering medical records or for paying other third parties on the claimant’s behalf. These fees may be billed directly to the claimant. All fees should be discussed with your Social Security Disability attorney.