What is the process of appealing a denial of disability benefits?
In Nevada, the process of appealing a denial of disability benefits begins with filing a written appeal. The appeal must be submitted to the Disability Determination Services (DDS) office within 60 days of receiving the denial notice. The appeal must include the reason for the appeal, provide the current medical diagnosis, and provide any relevant documents such as medical records, reports, or letters from doctors. Following the filing of the appeal, the disability examiner will review the claim and issue a Request for Reconsideration. This document states which areas of the claim should be reconsidered and includes instructions for how to proceed. The claimant must submit a response, either by mail or online, within 15 days of receiving the Request for Reconsideration. If the appeal is still denied after the reconsidered decision is issued, the claimant may request a hearing before an administrative law judge at the Office of Disability Adjudication and Review. The hearing will include testimony from any witnesses and a review of all medical records and other evidence. After the hearing, the judge will issue a decision. If the judge denies the claim, the claimant may continue the appeal process by filing a Request for Review with the Appeals Council. If the Appeals Council finds that the administrative law judge’s decision was wrong, they may overturn the denial and award the person disability benefits. If the Appeals Council decides to uphold the denial, the claimant may pursue legal action in the state court system.
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