Reconsideration And Appeals For Income And Disability Assistance
You may have questions about a decision that impacts your assistance. The first step is to speak to a worker about your concerns. If you still believe you should be eligible under the legislation, you can ask for a reconsideration of the decision. If you disagree with the reconsidered decision, you may appeal it.
If You Need Help With Your Application
You may want a representative to help you through the application and reconsideration process. A representative is someone who you choose. Your representative can be a friend, a family member, a lawyer, or another professional.
If you would like a representative to help you communicate with Service Canada about your application or reconsideration, you will need to:
- mail it to the address on your decision letter, or you may drop it off at your closest Service Canada Centre
You can change or cancel your representative at any time, by notifying Service Canada in writing.
Level Two: Appeals Council Review
If the ALJ hearing does not produce favorable results, you can appeal the decision through an Appeals Council Review request. In the event your request is granted, the Appeals Council will appoint an Administrative Appeals Judge to review your case and make a determination concerning any fault in the ALJ decision.
The Appeals Council review must be requested within 60 days of the ALJ hearing decision. This process can be lengthy, as there are a limited number of judges who hear these cases.
After the review, the Appeals Council can send the case back to the ALJ for another review, overturn the decision and make it themselves, or deny your claim altogether.
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Social Security Appeals Attorneys
Have you recently been denied your claim for Social Security Disability Insurance or Supplemental Security Income benefits by the Social Security Administration ? If so, theres still hope. The Social Security appeals attorneys at The Law Offices of Kenneth Hiller are available to help people across Western New York file an appeal without starting a new claim.
At The Law Offices of Kenneth Hiller, we know how important Social Security disability can be to a person, and weve been providing Social Security disability law services for our clients since 1999. Were a growing firm, but not so large that we lose sight of the importance of personal, individual attention for every client.
If you need help with your SSDI or SSI benefits, contact our office today.
Employability Assistance For People With Disabilities Program
An appeal may be filed if the director of the Employability Assistance for People with Disabilities program refuses an application because the applicant does not meet the eligibility criteria for the program. Legislative Authority: The Social Services Administration Act, Vocational Rehabilitation of Disabled Persons Regulation
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Reconsideration Of Your Original Disability Claim
A reconsideration is a complete review of your claim. It takes place at the Disability Determination Services level but is performed by a medical consultant and claims examiner who were not a part of the initial decision.
DDS will look at all the evidence considered in your initial determination plus any new evidence that DDS obtains or you submit . The reconsideration process usually takes several months, and DDS grants benefits in about 10-15% of all reconsideration claims.
Your initial denial notice will include information about your right to request a reconsideration and a paragraph about your medical condition. You have 60 days after you receive your denial notice to file a written request for reconsideration.
There are two ways you can request reconsideration after your initial application for disability has been denied:
- Print and complete a Request for Reconsideration , then mail it to your local Social Security office.
If the DDS denies your claim after reconsideration, you’ll receive another denial notice and an explanation very much like the one you received when your initial claim was denied. The next level of appealif you want to pursue itis a request for a hearing before an administrative law judge .
Reconsideration Of Your Continuing Disability Claim
Once you begin receiving disability benefits, your case will be re-examined periodically through a continuing disability review to see if you’re still disabled. The SSA could end your benefits for a couple of reasons, including:
- a determination that your condition has improved enough that you can now work, or
- your failure to cooperate in the CDR process.
If Social Security stopped your benefits after a CDR, and you want to appeal the termination, you must request a reconsideration of the CDR. And you may get sent to a hearing before a disability hearing officer . You can start the process by filing Form SSA-789 .
Before your claim goes to the hearing officer, it will get a second review by a different DDS medical consultant and examiner, who could reverse the decision to end your benefits.
Although the DHOs aren’t doctors or psychologists, the hearing officers are allowed to form their own medical opinions about the severity of your physical or mental impairments. As you prepare for the DHO hearing, keep in mind that the SSA must show reliable evidence that you’ve had significant work-related medical improvement to stop your benefits. This is a matter of medical judgment.
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How Social Security Appeals Attorneys Can Help
Having a lawyer file your initial claim can help you avoid mistakes and might result in you receiving your award more quickly. If your application process moves into the hearing stage, an attorney can help you by:
- Gathering medical evidence to support the severity of your condition
- Protecting your right to a fair hearing
- Obtaining a report from your doctor according to Social Security regulations
- Assessing and responding to written questions from the ALJ concerning an additional medical opinion
- Sending you to a vocational expert to determine your ability to work
- Obtaining documents from your file and reviewing actions taken by the SSA
- Cross-examining witnesses at your hearing
- Ensuring the SSA calculates your benefits correctly
- Requesting hearing reviews for each step of the appeals process
A Social Security appeals lawyer can be of great benefit to you during this critical time.
More Information On How To Request A Review Of The Decision
There are 3 ways you can make your request for reconsideration:
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Common Reasons Claims Are Denied
Waiting too long to apply makes it less likely your claim will be accepted. There are also times when disabled individuals are awarded benefits, but the benefits are terminated before the beneficiary can use them.
Disability benefits may have been denied or canceled early if:
- You made a full recovery
- Your injury was less severe than you claimed
- Your injury was diagnosed inaccurately
- The typical recovery period has passed
- You are able to work even though youre not fully recovered
The reasons claims can be denied or benefits canceled early reinforce how unique each persons application is. If your claim was denied because of one of these reasons, Social Security appeals attorneys can help you provide the necessary proof of qualification.
Level One: Administrative Law Judge Hearing
After your claim has been denied, the first step of the appeals process is to request a hearing before an Administrative Law Judge . You and a vocational expert will have an informal hearing with a judge who will examine and review the claim and any new evidence that has been submitted.
The judge will also question you and any relevant witnesses during this hearing.
The ALJ hearing must be requested within 60 days from the date of the denial letter. Any new evidence you wish to have considered must be submitted within ten days of filing the hearing request.
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Appealing A Disability Denial
Filing for a Social Security disability claim can prove a long and arduous road for many. It can seem all the more daunting knowing that such a low percentage of people are approved after they apply. Preparing for a denial can help provide a more realistic picture of whats to come.
For most people, the appeals process will require you to gather additional evidence, obtain various lab tests or diagnoses from doctors, or call forth witnesses who can attest to the severity of your disability. For these reasons, many people understandably choose to hire a disability lawyer to keep them on track and offer advice on how to present your case to maximize your chances of approval. Disability programs like SSDI and SSI provide essential services to those who need them, and you should apply if you have a long-term disability that prevents you from working.
Employment And Income Assistance Program And Rent Assist
Individuals who feel a decision under the Employment and Income Assistance program was unfair may appeal if:
a) the person was not allowed to apply or re-apply for income assistance, general assistance or shelter assistanceb) a decision on the personâs request for income assistance, general assistance or shelter assistance was not made in a reasonable amount of timec) the person was denied income assistance, general assistance or shelter assistanced) the amount of income assistance, general assistance or shelter assistance was cancelled, suspended, changed or withhelde) the amount of income assistance, general assistance or shelter assistance provided was not enough to meet the personâs needsLegislative Authority: The Manitoba Assistance Act, Section 9
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Why Choose Our Social Security Appeals Attorneys
At The Law Offices of Kenneth Hiller, our Social Security appeals attorneys will fight to get the money you need and deserve. We value a strong attorney-client relationship, so the attorney you meet with during your free, no-obligation consultation will be the attorney you work with throughout your case.
In the event youre applying for Social Security benefits because of a work accident injury, if appropriate, we can also help you with a work injury lawsuit to help you get the financial help you and your family may need.
Benefit Decisions You Can Appeal
You can appeal a decision about:
- 30 hours free childcare scheme
- Attendance Allowance
- Child Support or Child Maintenance
- Compensation Recovery Unit
- Employment and Support Allowance
- Funeral Expenses Payment
- Winter Fuel Payment
- Vaccine Damage Payment
Check any letters youve received about your benefit if you do not know the exact name.
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Should I Hire A Disability Attorney
Most people can benefit from seeking legal advice during the Social Security disability process. Some may even choose to consult a disability lawyer before their initial application, though this is not required. In general, the higher you move up in the appeals process, the more helpful a disability attorney will be for you. This is especially true if you have a complicated case that requires detailed documentation and a thorough medical record to substantiate your claim. Most people choose to retain a lawyer when they get to the Appeals Council review stage since it typically requires additional evidence and a considerable amount of time.
A good disability lawyer can help you understand why your application has been denied and can work with you to gather needed documentation to increase your chances with your subsequent appeals. Lastly, per federal law, you cannot be charged by a disability lawyer or advocate unless you are ultimately approved. Even then, disability attorneys are capped at what they can charge you. If you are approved, they can only collect 25% of your disability back pay or $6,000, whichever is less.
If You Disagree With A Non
You may request an appeal online for a “non-medical” decision.
If you do not wish to appeal a “non-medical” decision online, you can use the Form SSA-561, Request for Reconsideration. Some examples of “non-medical” decisions are:
- you were denied another type of benefit, such as retirement or spouse’s
- your disability application was denied because you did not work long enough or
- you disagree that you received an overpayment we wrote to you about.
A more complete list of decisions you can appeal appears on the Form SSA-561, Request for Reconsideration.
Where to send this form
Send the completed form to your local Social Security office. If you have any questions, you may call us toll-free at 1-800-772-1213 Monday through Friday from 7 a.m. to 7 p.m. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778.
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How To File An Appeal
Once your claim has been processed and we notify you that you are not eligible for Disability Insurance or Paid Family Leave benefits, you will receive an Appeal Form with your Notice of Determination for DI or a Notice of Determination for PFL.
Complete the Appeal Form with a detailed explanation of why you think you are eligible.
Mail your appeal to the return address shown on the notice.
If the form is lost or misplaced, you can also send us a detailed letter. Be sure to include your:
- Full printed name.
- DI Claim Identification Number or EDD Customer Account Number.
- Request for any language assistance or special accommodations.
- Signature on the appeal letter.
- Social Security number for appeals relating to PFL.
We will evaluate your appeal. If we confirm your eligibility, payments will be made, if funds are still available on your claim.
If your eligibility is not confirmed and we are not able to issue you payments, your appeal will be forwarded to the California Unemployment Insurance Appeals Board local Office of Appeals.
The Office of Appeals will mail you a notification with your hearing date, time, location, and their phone number. At the hearing, an impartial Administrative Law Judge will listen to both sides of the appeal and make a decision based on facts presented by you and by a State Disability Insurance representative. If you fail to appear, your appeal will be dismissed.
Request A Reconsideration Online For A Medical Determination
If we recently denied your disability claim for medical reasons, you can request an appeal online.
A reconsideration is a complete review of your claim by someone who did not take part in the first determination. We will look at all the evidence used in the first determination, plus any new evidence that we obtain or that you submit.
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Level Three: Federal Court Lawsuit
If both the Administrative Law Judge hearing and the Appeals Council review result in a denial of your claim, you can file a lawsuit in a federal U.S. District Court. This level of appeal can be costly.
It could be to your benefit to use a lawyer to help file your initial claim application. If your initial claim is denied, the Western New York Social Security appeals attorneys at The Law Offices of Kenneth Hiller will work to solve your claim issue at the lowest level of appeals.
Child Care Licensing And Subsidies
Appeals can be heard on four issues:a) a refusal to issue a licence to a child care facility b) a suspended or revoked licence of a child care facility c) newly imposed terms or conditions on a child care facility licenced) a denied or insufficient child care subsidy Legislative Authority: The Community Child Care Standards Act, Section 20
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Level : Request For Reconsideration
This is the most straightforward stage of the appeals process. Within 60 days of receiving your denial letter, you can request reconsideration. Reconsideration simply means that someone at Disability Determination Services will perform a complete review of your application to see if an error was made. The representative that completes this review must be different from the original reviewer. You are also allowed to submit more information during this review process if your application was incomplete or if you were denied due to lack of evidence, though this is not required. This stage of appeals typically takes four to 12 weeks to receive a decision.
Required Social Security Appeal Form
The form you use to request reconsideration depends on the reason for your denial. If you were denied for medical reasons, you must submit Form SSA-561 , Form SSA-3441 , and Form SSA-827 . If you were denied for a non-medical reason, you only need to submit Form SSA-561. These forms can be printed, filled out, and mailed to the SSA, or it can also be done entirely online.
How To Fill Out And Send Your Form
Follow these steps to fill out and send us your form.
Step 1: How to fill out your form
- The forms are available in 2 formats: large font PDF and HTML
- Use the format you prefer
- If you use a screen reader, use the HTML form
Cant open the form? Right-click on the link and select Save target as to download to your computer. If you still have issues, and well help you get the form.
Step 2: How to sign your form
Choose how you want to sign your form. You can:
- Print the form and sign it with a pen
- Fill out the form electronically and choose 1 of these methods to sign it:
- Type your name in the signature box
- Draw or insert an electronic signature
Step 3: How to send your form
Send us your form by email, mail or fax. Email is fastest.
Keep a copy of your form for your records.
Attach your form to an email, along with any supporting documents, and send it to us.
How to save your form as a file you can attach to an email:
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