How the Appeals process works.

quoted directly from ssa.gov

https://secure.ssa.gov/apps6z/iAppeals/msg002.jsp

How the disability Appeals Process works

 

Described below is what happens when you request a review of the determination made on your disability case:

• You send a signed request for appeal to us(Social Security Administration).
• We review it to make sure all of the information is complete. We may contact you for missing or unclear information.
• We will contact you to complete a disability report and to sign medical release forms if you have not already done so. If you have submitted the report we will review it to make sure all of the information is complete.
• We will send your case to the office that determines if you are disabled under Social Security law.
• That office will request any new medical records that you have listed on your medical report.
• That office will then review all of your medical records—both old and new.
• If you have requested a face-to-face review, that office will make an appointment to meet with you. You will have an opportunity to meet face-to-face with someone from the office that decides your case. If you want this face-to-face meeting, we will make the appointment with you.
• The decision-making office will notify you in writing of their decision on your case.

There are four possible steps in the disability appeals process. They must be completed in the order listed below if you disagree with the determination on your case.

Type of Appeal	Appeal Process
Reconsideration	You should complete a Request for Reconsideration and an Appeal Disability Report. Both forms can be completed on the Internet, and submitted electronically to Social Security, or you can complete paper versions and send them to your local Social Security office. No matter how you complete the forms, Social Security will send your case to the State Disability Determination Services office. Someone there will review your medical records and make a new determination about your disability. It will not be the person whom made the last determination on your case. After reviewing your medical records, they will notify you in writing of their decision.
Hearing	You should complete a Request for Hearing by Administrative Law Judge and an Appeal Disability Report. Both forms can be completed on the Internet, and submitted electronically to Social Security, or you can complete paper versions and send them to your local Social Security office. No matter how you complete the forms, Social Security will send your request to the Office of Disability Adjudication and Review. If you want to meet face-to-face with the judge, an appointment will be made for you. After talking with you and your representative, the judge will notify you in writing of his/her decision on your case.
Appeals Council Review	You should complete a Request for Review of Decision/Order of Administrative Law Judge Link. You cannot do this on the Internet. Sign and send it to your local Social Security office. They will send your request to the Office of Disability Adjudication and Review. Someone there will review your medical records and notify you in writing of the decision on your case.
District Court Case	You must have an attorney at this level of appeal. He or she must file a case against Social Security in District Court. Your case will be heard by a district court judge who will notify you in writing of the decision on your case.

Have you taken your case as far as you can on your own?

We can help!

1800-628-5313

http://www.getsocialsecuritydisability.com

Will it hurt my case if I work part time while applying for disability?

This is not an easy question to answer. 

The legal answer is that you are entitled to part time work if it is not considered "substantial gainful employment". You should understand that you will probably be going before an administrative law judge who must determine if you are capable of performing substantial gainful employment. Different judges look at this differently. If you are earning close to the maximum amount allowed per month many judges feel you could probably do a little more and make "substantial gainful employment". this is a personal decision you will have to make. My advice is not to work over 20 hours a week and don't make over $500.00 or $600.00 a month. Even at this level there will be a few judges that may use your part time employment against you, but those judges would probably find some other reason to rule against you had you not worked part time

The Vetereans Administration says Im disabled, Why is my claim being denied?

Social Security Disability and VA disability are two totally different programs with different rules and definitions of disability. 

It has been our experience that the fact that the claimant is getting VA benefits has a different effects on different judges. I have had judges comment that the fact the claimant is getting VA benefits leads them to believe they are probably disabled for Social Security. I have had other judges who think that if the claimant is getting a VA check then to also give them a Social Security check is double dipping and the fact the claimant is getting a check makes it harder to win the disability case. If the judge is one that this issue has come up in a previous hearings with your attorney, then your attorney can advise you which way the judge goes on this issue. This is another reason it is important to have an attorney represent you.

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