How to Appeal a Denial of Social Security Benefits
April 26, 2012 By Frank & Kraft, Attorneys at Law
Although you may not have any problems qualifying for your Social Security benefits once you reach retirement age, there is always a chance that you could be denied. If this happens to you, there’s no need to panic. You can appeal the denial and still stand a good chance of getting approved. In fact, over half of those denied Social Security benefits are approved after they appeal.
How to Appeal
You will have to complete an appeals form and return it to the Social Security Administration within 60 days of the time you received your notice of denial. The form that you must fill out and return is form SSA-561-U2. In most cases, an appeal will require that you more clearly explain why you should qualify for benefits. If you are applying for disability benefits, you may need more medical evidence that your condition is severe enough that you qualify.
The Social Security Appeal Process
There are four levels of appeals that you can go through after you receive notice of denial; the first level will be asking for a reconsideration of the decision. This is basically another review of the case, and will be done by your local Social Security office. The next level is when your appeal is taken before judge. If you are still denied you have the option of taking your appeal to Washington DC, the Social Security National Appeals Council will review your claim.
If after you have gone through all of these levels of appeals and are still denied, you do have the option of filing a lawsuit in federal court.
Of course, these steps should only be taken if you do in fact, believe that you should qualify. Those applying for benefits too early for example, will not benefit from the appeals process. To determine your eligibility, you should consult with a qualified attorney.
ABOUT THE AUTHOR: Paul Kraft
Experienced estate planning attorneys Indianapolis IN of the Frank & Kraft Attorneys at Law offers estate planning and business planning resources to residents of Indianapolis IN.
Copyright Frank & Kraft, Attorneys at Law
More information about Frank & Kraft, Attorneys at Law
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
You will have to complete an appeals form and return it to the Social Security Administration within 60 days of the time you received your notice of denial. The form that you must fill out and return is form SSA-561-U2. In most cases, an appeal will require that you more clearly explain why you should qualify for benefits. If you are applying for disability benefits, you may need more medical evidence that your condition is severe enough that you qualify.
The Social Security Appeal Process
There are four levels of appeals that you can go through after you receive notice of denial; the first level will be asking for a reconsideration of the decision. This is basically another review of the case, and will be done by your local Social Security office. The next level is when your appeal is taken before judge. If you are still denied you have the option of taking your appeal to Washington DC, the Social Security National Appeals Council will review your claim.
If after you have gone through all of these levels of appeals and are still denied, you do have the option of filing a lawsuit in federal court.
Of course, these steps should only be taken if you do in fact, believe that you should qualify. Those applying for benefits too early for example, will not benefit from the appeals process. To determine your eligibility, you should consult with a qualified attorney.
ABOUT THE AUTHOR: Paul Kraft
Experienced estate planning attorneys Indianapolis IN of the Frank & Kraft Attorneys at Law offers estate planning and business planning resources to residents of Indianapolis IN.
Copyright Frank & Kraft, Attorneys at Law
More information about Frank & Kraft, Attorneys at Law
View all articles published by Frank & Kraft, Attorneys at Law
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
