What is the process of appealing a denial of disability benefits?
If you have been denied disability benefits in the District of Columbia, you have the right to appeal the decision. Below is an overview of the appeal process. First, you have the right to file an administrative appeal with the agency that originally denied your claim. The appeal must be filed within 60 days of the denial of your claim. This is often referred to as the administrative appeal stage. During the administrative appeal stage, the agency will review the denial and all of your evidence to determine if the decision was correct. If it was not, then your appeal may be granted and you may receive disability benefits. If your administrative appeal is denied, then you have the right to file a notice of appeal with the District of Columbia Superior Court. This is the judicial appeal stage. In the judicial appeal stage, the court will review the denial and all of your evidence and make a determination. If the court finds that the denial was not correct, then you may be granted disability benefits. However, if the court finds that the denial was correct, then you may be denied benefits. Once the judicial appeal is resolved, you have no further avenue of appeal. This means that it is very important to make sure that all of your evidence is presented to the best of your ability during the administrative and judicial appeal stages. This will give you the best chance of being granted disability benefits.
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