Brod Disability Law
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Brod Disability Law
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336-944-6786

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How Does The Appeal Process Work?

The Social Security Disability appeals process can be lengthy. There are many steps, and you can easily get caught up in red tape and complex regulations. It is important to have the guidance of an experienced Social Security lawyer to successfully resolve your case and get the benefits you deserve. Our firm is dedicated to representing our clients in every step of their appeals.

The Steps We Follow In The Appeal Process

  • Request for reconsideration: This first step of an appeal starts with a Social Security Administration (SSA) employee in Raleigh sending you forms. These forms will be evaluated by your local SSA office, and a determination may be made at this time.
  • Request for an appeals hearing: If the Social Security Disability reconsideration is denied, the next step is to request a hearing. An experienced Greensboro disability appeals attorney from our firm will explain your situation in depth to a judge, supported by a detailed brief we have written that explains your condition and situation.
  • Appeals council: After the hearing, if your petition for benefits is again denied, we may appeal your case to the Appeals council. At this stage, we write comprehensive briefs detailing your disability and qualifications for benefits and fill out the appropriate forms. Our extensive writing experience and academic credentials are valuable to our clients, especially in this step of the process.
  • Federal court of appeals: If your appeal has been denied at every step up to this point, we can represent you before the federal court. This level requires technical experience of the law and passionate advocacy, two things we possess.

Common Questions About The Social Security Disability Appeals Process

If the Social Security Administration denies your disability claim, you may have questions about what comes next and how an appeal could affect your benefits. The following answers explain key points that can help you clearly understand your options and prepare for the next step in your own case:

How much time do I have to file an appeal after my disability claim is denied?

You generally have 60 days to appeal after you receive notice of the Social Security Administration’s decision. When counting that period, SSA normally treats the notice as reaching you five days after the date shown on it. If it arrived later, you may be able to explain the delay.

Because your appeal rights depend on this deadline, you should review the denial notice promptly and keep track of the date you received it. If circumstances prevented you from filing on time, you may also ask SSA to accept a late appeal. The agency will review your explanation before deciding whether to extend the deadline.

Should I just reapply for disability instead of going through the appeals process?

Starting a new claim may seem easier, but it can create problems when you still have the right to appeal. An appeal keeps your current claim moving forward and may protect the filing date tied to that claim. That date can affect the amount of benefits you may receive if SSA later approves your case. In some situations, a new application may still make sense. You should consider your denial notice, medical evidence and filing history before choosing either path.

How long does the disability appeals process take in North Carolina?

The time needed for an appeal depends on the stage of your case and the issues SSA must review. Reconsideration may take several months, while a hearing before an administrative law judge can take longer because the hearing office must schedule your case. If you later appeal to the Appeals Council or federal court, the process can continue for many more months. Your medical records, new evidence and the hearing office’s current workload can also affect the timeline. No lawyer can promise an exact schedule, but careful preparation can help you avoid preventable delays and keep your appeal moving through each required step.

Call Today:

We can meet with you at any one of our four office locations. Send us an email or call our lawyer and staff at Brod Disability Law in North Carolina today.