What is the Social Security Disability appeals process?
The Social Security Disability appeals process in California is a multi-step process that begins when an application for SSD benefits is denied. If an applicant’s first claim is denied, they have the right to a reconsideration review. This is a review of the original application, during which any new and relevant medical evidence may be presented. If the reconsideration is denied, applicants may request a hearing before an Administrative Law Judge (ALJ). During the hearing, the ALJ will consider all medical and other evidence presented, testimony from witnesses, and arguments from the applicant’s representative (if any). After the hearing, the ALJ will issue a decision. If the decision is unfavorable, applicants can seek review of the decision by the Appeals Council. The Council is a federal body that reviews appeals from applicants who are dissatisfied with their ALJ’s decision. The Council will review all documentation pertaining to the case and may request additional evidence to be presented. The final step in the appeals process is to appeal to the federal court. An attorney can be appointed at no cost to the applicant to represent them in court if they cannot obtain legal representation. The court will consider the facts of the case and issue a final decision. This decision can either be to uphold or overturn the decision from the Appeals Council.
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