What are the different levels of the Social Security Disability appeals process?

The Social Security Disability appeals process is divided into four distinct levels: Reconsideration, Hearing, Appeals Council, and Federal Court. In West Virginia, the initial application must be filed with the Social Security Administration (SSA). The Reconsideration level is the first appeal. Here, the SSA will review the initial filing and reconsider the application with fresh eyes and new evidence, if possible. The Reconsideration stage is the most common form of appeal and usually the first step in the process. The second step is the Hearing level. If the Reconsideration appeal is denied, the applicant may then request a hearing before an Administrative Law Judge. At the Hearing level, the applicant is allowed to present evidence and testimony to prove that they are eligible for benefits. The third level is the Appeals Council. If the decision is still unfavorable, the applicant can file an appeal with the Appeals Council and request they review the case. The Appeals Council has the power to change the decision of the Administrative Judge. The final step in the process is the Federal Court. If the Appeals Council denies the appeal, the applicant can file a lawsuit in the Federal Court in order to appeal the decision. This is the most difficult level of the process to pass, as the court will apply the law to the facts of the case to determine eligibility for benefits. In West Virginia, the process is conducted by the Social Security Administration, with each level providing the applicant with the opportunity to prove their eligibility for Social Security Disability benefits.

Related FAQs

What are the criteria for emotional or mental conditions to be approved for Social Security Disability?
How does my age affect my eligibility for Social Security Disability?
What are the disability decision-making guidelines used by Social Security?
What is a Continuing Disability Review?
What is “substantial gainful activity” (SGA) and how does it relate to Social Security Disability?
What is a vocational expert?
How often do I have to review my Social Security Disability benefits?
How does Supplemental Security Income (SSI) eligibility differ from Social Security Disability Insurance (SSDI)?
What happens to Social Security Disability benefits when someone dies?
What are the different levels of the Social Security Disability appeals process?

Related Blog Posts

What to Know Before Applying for Social Security Disability Benefits - July 31, 2023
The 5 Most Common Reasons Applications for Social Security Disability Are Denied - August 7, 2023
What Are the Requirements for Eligibility for Social Security Disability Benefits? - August 14, 2023
Understanding the Process Behind Applying for Social Security Disability Benefits - August 21, 2023
Navigating the Appeals Process for Social Security Disability Benefits - August 28, 2023