A Dublin Social Security Disability Lawyer Discusses the Appeal Process
Appeals related to Social Security disability claims must undergo four levels of review. These levels are an initial determination, reconsideration, a hearing before an administrative law judge and a review by the Appeals Council. After these levels have been exhausted, a case can be filed in federal court. A Dublin Social Security disability lawyer can guide you through the process.
How Long the Appeal Process Takes
All but one type of appeal is subject to a 60-day time limit from the date the decision was received. However, your Dublin Social Security disability attorney can explain that the effective time limit is actually 65 days, due to a belief that decisions are received five days from the date of the decision. The only instance where the 65-day time limit does not apply is when a person appeals to the Appeals Council, requesting a review of an administrative law judge’s denial.
This appeal to the council, which occurs after there has been a remand by federal court, has a 30-day limit. An extra work day is added when the next step in the process ends on a weekend, legal holiday or any other day that is not considered work for federal employees. The day that the Social Security Administration receives the appeal is considered the day it is filed. The agency will use the date it was mailed if using the date it was received negatively impacts the rights of the person who appealed. The mailing date is determined by the U.S. postmark. Other evidence will be considered if the postmark is somehow illegible.
Call a Dublin Social Security Disability Lawyer for Assistance
Contact a Dublin Social Security disability lawyer at Durden Rice & Barfield, P.C. at 888-705-8672 if you want further information on Social Security disability appeals.