The SSDI and SSI Appeals Process
The Berkley Law Firm has been representing clients at all stages of the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims and appeals process since 1978.
We assist clients in obtaining benefits for a disability through processes that include:
- Request for Reconsideration
- Administrative Appeals Hearing
- Review by Appeals Council
- Initial Applications
Request for Reconsideration
This appeal occurs after you received a denial of your initial SSD or SSI benefits claim from a Disability Determination examiner. After you have been denied, you may ask for a reconsideration. This will allow your claim to be reviewed by another examiner. Any new evidence to support your claim must be included in the Request for Reconsideration.
The key thing to know is that you only have 60 days from receipt of your initial denial letter to file a request for reconsideration. If you miss that deadline, you will have to jump through additional hoops to get your reconsideration request approved.
Disability Hearing
If your Request for Reconsideration is denied, you can appeal by asking for a disability hearing before an administrative law judge. Again, you only have 60 days from receipt of your request for reconsideration denial to file for a request for a hearing. An attorney or an advocate can represent you at the hearing, and you can also have witnesses testify on your behalf.
Appeals Council
If your request at the hearing is declined, you can appeal to the Administrative Appeals Council. Again, you have only 60 days from the time you receive the notice of denial to apply for an Appeal. If the council does accept your case for an appeal, all of the documents that you have already included will be reviewed.
Federal Court
If you have not obtained an approval of Social Security Disability or Supplemental Security Income benefits at the appeals level, your case can be presented before a Federal Court. This is a rare legal path, but favorable decisions have resulted when cases have traveled this far.
No Attorneys' Fees Unless We Win Benefits for You
Operating from offices in Fullerton, San Diego and Mission Viejo, Benjamin H. Berkley and his staff at The Berkley Law Firm assists clients in Orange, Los Angeles, Riverside, San Bernardino, and San Diego County and throughout Southern California. Please call to learn how our lawyer can help you in a free initial consultation: 714-515-5141 or toll free at 866-470-6963. Contact us online.
