What is the appeal process if my Social Security Disability Claim has been denied?
Just about everybody who has a long term disability insurance policy that was issued by their employer which would be governed by ERISA is required to apply for social security disability. And if many of these people are denied, what is the appeal process for social security disability that a claimant would expect to go through and talk a little bit about the time frame and how that process works if they are denied at the initial level?
The initial step is to file a claim and it may take on an average 3 to 5 months for a decision to be rendered on that claim. If denied, the individual can file a reconsideration. That too can take 3 to 5 months on an average for a decision and if the claim is denied, the individual can file for a hearing before an administrative law judge. The initial two claims, the initial two levels rather are determined by state agencies, the determinations, and then, if denied the second level, the person files for a hearing where they go before an administrative law judge. The timing to get before the administrative law judge varies depending upon the region and the location where the individual resides. It could take less than a year once a hearing is filed and it could take more than a year. In some administrative law situations it could take couple of years to get before a judge.