• What Is the Appeal Process if My Social Security Disability Claim Has Been Denied?What Is the Appeal Process if My Social Security Disability Claim Has Been Denied?

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.

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There are 4 comments

  • Laura, if you return to work it could result in your benefit ending or at the very least an offset of your benefit going forward each month. Please feel free to contact our office if you would like to discuss your claim further.

    Stephen JessupMar 1, 2017  #4

  • I am a RN and have been receiving LTD for a back related condition for 2 years now. LTD is thru UNUM. They have assigned me a GENEX attorney who told me I have to apply for SSDI beneifts so UNUM no longer has to pay me I presume. My doctor may release me to part-time work which would be 4 days a week. If I do return to work am I obligated to repay UNUM anything?

    Laura

    Laura W.Feb 27, 2017  #3

  • Mario,

    Great question. The Social Security administration is a separate entity than your disability insurance company. The important factor to consider is how your disability insurance policy defines “disability”. If you have an “any occupation” definition of disability, then the disability carrier will rely very heavily on your SSDI denial of disability benefits. You may have an “own occupation” definition of disability which is completely different than the SSDI definition of disability. You need to read your policy and see if the definition of disability is different than the SSDI definition of disability. If they are similar, then you need to be concerned that your disability carrier will likely deny your benefits as soon as they find out. If you would like assistance please contact us at your convenience.

    Gregory DellAug 24, 2012  #2

  • Will long term disability companies stop payment if Social Security has denied benefits at the ALJ level?

    Mario ChavezAug 23, 2012  #1

FAQ

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

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Working with Alex was a pleasure, before coming to Dell & Schaefer I had been thru 3 different firms before. The other firms never returned calls and did not keep me informed. When I finally found Dell & Schaefer namely Alex he took on my case with a week to answer an appeal, at first he was hesitive but took on my case and always kept me informed and up to date of how we were progressing. After some time we actually finally came to a settlement which as it seemed was never in sight before.

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