If you have a disability that makes it impossible for you to work in Kentucky, you have the option of applying for Social Security Disability. Getting these benefits, though, is not always easy. The Social Security Administration has very strict guidelines for approving claims. If anything is wrong with your claim or if you do not meet all the criteria, the SSA will deny your claim. Fortunately, if this happens, you do have the right to appeal.
The SSA explains you have 60 days after you get your denial to file an appeal, and the denial letter will explain which appeal process to use. For most options, you can easily request an appeal online. There are four options. The three you can use the online system for are reconsideration, hearing by an administrative law judge, and a review by the Appeals Council.
Reconsideration is your option when you get a denial for medical reasons. It is simply having someone new review your claim again. You may also be able to get a hearing by an administrative law judge. The judge will be new to your case and review it.
If you go through these options and still get a denial, then you can get a review by the Appeals Council. They review the judge’s decision. They may uphold it or send the case back to the judge to look over again.
The last appeals option is a federal court review. This is only available if your case has been in front of the Appeals Council and you did not agree with the ruling. Essentially, you will bring a civil suit in a federal court to have your case reviewed again. This information is for education and is not legal advice.
— On behalf of Mark Knight Attorney at Law