My disability insurance claim was denied. What is the appeals process and is a lawyer necessary?

Question:  I applied for a disability insurance claim and was rejected.  What is the process of reviewing denied claims and approving them? Will a need an attorney?

Response:  The Social Security claims process is multi-tiered and has very stringent requirements.  At the first stage, a submitted claim along with the attendant medical documents is reviewed by a disability examiner.   This is the stage where most claims are denied.  If your claim is denied at this point, you can request an appeal for reconsideration, during which time another examiner will take a look at your claim.   If your claim is again denied, you can then request a hearing with an administrative judge.  You can then present your case before the judge.  You can also bring an attorney or other advocate with you and let them argue for you.  Note that this hearing is before a judge only and the Social Security office will not have a representative there.  If your claim is still denied after the hearing, your next recourse is to appeal to the Appeals Council.  The Council will review the administrative judge's decision only.  You do not get to make an argument before the Council.  By law, if you are rejected by the Council, you can file an appeal with the U.S. District Court.  As the overall process can be time- and cost-consuming, you need to speak with an experienced Social Security attorney to determine what you should do next.

Answered by Sharon Cullars

Additional Resources: Disability Claim for Social Security

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