Archive for category Administrative Law
The Administrative Appeal Procedures in a Disability Claim
Posted by admin in Administrative Law on October 1, 2011
Disability claimants who have been denied their benefits at first attempt can always appeal for reconsideration. As soon as they receive the denial letter, they are advised to contact the social security agency immediately to request an appeal.
After an appeal has been requested, the social security district office will mail the required appeal forms to the claimant. With the help of a disability claim attorney or representative, a claimant may accomplish the paperwork and submit it to the agency. A claimant has to make sure that the appeals document reaches the agency before the deadline of its submission.
Even after the forms have been mailed, a claimant must call the social security office to inform them that the deadline has been met in order to give one’s case a so-called ‘protected date’. This will also provide some security in the event that appeal forms get lost in the mail.
Generally, denied claims pursued through the appeals process have a much greater chance of being subsequently awarded of benefits than filing a new application.
The administrative appeals process in a disability claim involves four steps:
1. Initial Determination – When a claimant is denied disability benefits on their initial application, they will receive written notification advising him of the initial determination and their right to a reconsideration of the decision. The claimant must then make an appeal and request for a reconsideration of the decision. An initial determination becomes final unless reconsideration is requested with sixty (60) days from the date of receipt of the notice of the determination. Read the rest of this entry »