What is the appeals process for Social Security disability and SSI claims?

The appeals process for Social Security disability and SSI (Supplemental Security Income) claims in West Virginia follows the same basic steps. If an initial application is denied, the individual has the right to file an appeal and request a hearing by an Administrative Law Judge (ALJ). The first step is to request an appeal within 60 days of receiving the denial letter. The individual can do this either by calling the Social Security Administration (SSA) or by completing and submitting an appeal form. It is also important to include any additional evidence, such as medical documents, that may support the claim. Once the SSA receives the request for an appeal, they will determine if the individual is eligible for a hearing and, if so, send an official notice to the individual with instructions for how to attend the hearing. The hearing will be conducted by an ALJ and is an opportunity for the individual to present evidence and make their case for why they should be approved for disability benefits. The ALJ will make a decision to either grant or deny the claim. If the claim is denied, the individual has the right to challenge the decision and continue the appeals process. The individual can file a Request for Review of the ALJ’s decision and ask for a review by the Appeals Council. If the Appeals Council denies the claim, the individual can then file a lawsuit in federal court. Ultimately, the appeals process for Social Security disability and SSI claims in West Virginia is designed to ensure that individuals are able to present all the evidence necessary to support their claim. It also ensures that all decisions made are based on the facts, not on opinions or assumptions.

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