What is the process of appealing a denial of disability benefits?
The process of appealing a denial of disability benefits in California can be lengthy and complicated. Although it varies depending on the type of disability benefit, here are the basic steps of the appeal process: Step 1: Request a Fair Hearing: This is the first step in the appeal process. If your request for a benefit has been denied, you can request a Fair Hearing from the California Department of Social Services (CDSS). This is a meeting where you can explain why you think the decision to deny you the benefit was wrong. After the hearing, CDSS will issue a determination on your case. Step 2: File an Appeal: If you are not satisfied with the decision of the Fair Hearing, you may appeal the decision by filing a written Notice of Appeal to the California State Office of Administrative Hearings (OAH). The OAH will assign an administrative law judge who will review the facts of the case and issue a decision based on the evidence presented. Step 3: Appeal to the Court of Appeal: If you are still not satisfied with the decision of the administrative law judge, you may file an appeal to the California Court of Appeal. The court will review the evidence and issue a decision based on the law. If the court rules in your favor, you may be able to obtain the disability benefit you were denied. However, if the court rules against you, you may have to start the original application process all over again.
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