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If SSA denies your application for benefits, you can appeal the decision. If the SSA reduces or terminates your benefits, you can appeal the decision. If you appeal, you have 60 days from the date on the decision notice to request they reconsider. If you appeal within 10 days, you may be able to keep your benefits during the appeal. If you miss this deadline, your benefits will stop or be reduced while your appeal is pending.
The SSA will then review your claim again. If they find your medical condition has improved and you are no longer eligible for benefits, you may request to meet with SSA staff. You will then explain why you believe you still have a disability.
Denied after reconsideration
If you are denied, you have 60 days from the date on the reconsideration decision. You must make a written request for a hearing. An Administrative Law Judge (ALJ) will run the hearing.
If you lose the hearing, you can appeal again to the Social Security Appeals Council. You have 30 days from the date on the ALJ decision to make a written request for review by the Council.
The Council might refuse to review your case or decide against you. You have 60 days from the date of the Council's decision to appeal the case to the United States District Court.
Don't miss deadlines
Don't miss any of the deadlines in the appeal process. The SSA will consider your appeal only if you show that you had good cause for missing them. "Good cause" can include:
- A serious illness which prevents you from attending to your business,
- A death in the family,
- A fire or other emergency which disrupts your home, and
- A situation where you do not understand or know about the need to file an appeal because of your physical or mental condition, or
- A situation where you do not understand or know about the need to file an appeal because of your inability to read or communicate.
If you realize you have missed an appeal deadline, you should file your appeal and ask for an extension. Do this in writing and as soon as possible.
Bringing a representative to a Social Security [no-lexicon]appeal hearing[/no-lexicon]
In the appeal proceedings, you may be represented by:
- A lawyer,
- A paralegal,
- A friend, or
- A relative.
Only a lawyer can represent you in federal court.
To apply for benefits or to file an appeal, contact your local Social Security office. You can also call 800-772-1213 (toll free) or 800-325-0778 (TTY) nationwide for information and help. You may also apply for benefits and file an appeal online.
More information on Social Security can be found on the SSA website.
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