If your Social Security disability benefits stop, you have the right to appeal the Social Security Administration’s (SSA’s) decision. There is a specific process and strict time limits that you must follow in order to have the SSA reevaluate your case. To improve the chances of winning your benefits back, it’s highly advisable to retain an attorney. If you reside in Winston-Salem or the surrounding areas, you are welcome to call Patton Brown Law for a free consultation with a disability lawyer.
Asking the SSA to Reconsider Its Decision
You have the right to request an appeal, but you have only 60 days in which to make the request. The 60 days begin from the time your received your letter from the SSA informing you that your benefits were going to stop.
There are several ways you can submit your request. You can go through the process online by visiting the SSA’s website or submit your request via mail or phone. Below are three forms you’ll be required to submit to request an appeal.
- Appeal request form
- Disability Report – Appeal (SSA-3441)
- Authorization to Disclose Information to the Social Security Administration (SSA-827)
Your Rights to Benefits in the Interim
You may be able to continue receiving benefits during the appeals process. If you ask for an appeal within 10 days after the date you receive the SSA’s notification letter, you can ask the SSA to continue your payments while the appeal is being decided.
The SSA cautions, “If your payments continue during your appeal and you lose the appeal, we will ask you to pay back some or all of the money. However, you will not have to pay us back if you cooperate with us during the appeal and we find that you need your money for your usual living expenses.”
Do you just get one shot at an appeal?
You will have more than just one chance at convincing the SSA that your rights to benefits should continue. In fact, there are four levels of appeals:
- Hearing by an administrative law judge
- Review by the Appeals Council
- Federal Court review
You must have clear and convincing reasons why the Administration should consider allowing your appeal to go to each level. Also keep in mind that claims’ chances of success diminish with each level of appeal.
Disability claims facilitated by attorneys fare far better than claims with no legal representation. To speak to a lawyer in Winston-Salem about appealing your claim, contact Patton Brown Law today at 855-860-2150.