What Does “Appeals Under Review” Status Mean for SSD Claims?

What Does "Appeals Under Review" Status Mean for SSD Claims?

The Social Security Disability (SSD) claims process can be a long one, especially if your initial application gets denied. Whether you’ve worked with a Social Security lawyer from the start or you’re interested in bringing one on board to help navigate the appeals process, it can be helpful to have someone by your side as you await a final decision. From filing your initial claim to submitting the appropriate medical history information and keeping up with appointments, it can be difficult to know exactly where you stand with the Social Security Administration (SSA). But what happens when you receive paperwork stating that you have an “appeal under review?” Keep reading to learn more about the SSD/SSI appeals process and what this common step means for your claim.

Key Steps in the Social Security Disability Appeals Process

It is common for most Social Security Disability claims to be denied at the initial determination and reconsideration stages of the process. Typically, the initial determination period for an SSD claim takes about 120 days. If your claim has been denied at the initial determination stage, it’s essential to quickly file to appeal the decision. From there, the reconsideration stage takes about 90 days to process. During this part of the appeals process, your claim will be reviewed by a new examiner and you may be able to include new supportive evidence to outline the effects of your condition.

Additional SSD Appeals Steps

If your claim is not approved at the reconsideration stage, you can appeal to the Social Security Appeals Council where additional evidence can be offered. This stage of the process id lengthy, taking around 270 days for a decision. From here your claim will likely take one of 3 different paths, including:

  • An overturn of the initial denial and an award of benefits
  • Returning the disability claim to the ALJ for a new decision
  • Denial of the request for review or refusal of benefits (if this happens, your claim must be appealed at a federal level within 60 days)

Finally, if your claim is denied at the ALJ level, you can take I to federal court, the final step in the appeals process that typically takes up to 540 days. This is where the help of an experienced Social Security attorney is needed to argue your claim.

What Does “Appeal Under Review” Mean?

If you receive paperwork stating that your appeal is under review at any point during this process, it means that a decision has been made regarding your claim. However, it is still under review to determine the accuracy of the information you’ve provided and to make sure that you followed all the necessary Social Security Administration rules and regulations when filing your claims paperwork. Although a decision has been made and your appeal is under review, this does not indicate whether the decision is favorable or unfavorable. For further details, it is recommended that you speak with your Social Security attorney.

Contact the Team at Joel Thrift Law Today

Are you interested in learning more about how to file a Social Security Disability claim? Or have you already received a denial at the initial determination stage of the process? With so many different stages to navigate and strict rules that must be followed from the SSA, it’s easy to feel lost without the guidance of an experienced lawyer by your side. At Joel Thrift Law, we’ve got the knowledge and skills necessary to help you through every step of the appeals process and to make sure you understand what new terms mean for your claim. Give us a call at (404) 618-4816 or contact us today for more information and to schedule an initial consultation.

How Many Times Can You Appeal a Social Security Disability Claim?

How Many Times Can You Appeal a Social Security Disability Claim?

Nothing is more frightening than getting a denial letter from the Social Security Administration when you are disabled and cannot work. Unfortunately, this happens to millions of people each day. If this has happened to you recently, don’t despair. You have the right to appeal this decision several times in front of an Appeals Council and an Administrative Law Judge (ALJ).

An appeal should be filed as soon as possible if you receive a denial from the SSA. Also, never just re-apply if you have been denied disability benefits. Re-filing does nothing to ensure you will be approved and it may complicate filing an appeal at a later date.

To avoid further delays with getting the benefits you deserve, call the Law Office of Joel Thrift today to schedule a consultation with an experienced disability attorney. Our legal team has successfully litigated first, second and third disability claims appeals for clients who are unable to work due to a disabling physical or psychological condition.

The First Appeal: Reconsideration

Upon receiving your first denial letter, you can file an appeal called a “reconsideration”. This begins a claim review by individuals not involved in the original review and ultimate denial. Reconsideration appeals must be filed within 60 days or the SSA will close your disability case. In most cases, a reconsideration appeal does not require you to be physically present. New evidence is allowed during the reconsideration process.

The Second Appeal: Administrative Law Judge Hearing

After a reconsideration denial, you can move on to the second appeal phase involving a hearing in front of an Administrative Law Judge (ALJ). This appeal must also be filed within 60 days of a reconsideration denial. Before rendering a decision, an ALJ judge will evaluate medical evidence already submitted proving your disability and determine if the initial appeal reviewers made process errors regarding their denial determination. Having a disability attorney represent you in front of an ALJ can significantly increase your chance of the judge overturning a reconsideration decision.

The Third Appeal: Appeals Council

You can file an appeal with the SSA Appeals Council if an ALJ denies your claim. The Appeals Council will also evaluate all aspects of the ALJ’s decision for possible technical errors. They can further remand (return) your case to the same ALJ who denied your claim and order another hearing. In other words, an Appeals Council can overturn an ALJ’s decision, uphold an ALJ’s decision or remand your claim.

The Fourth and Final Appeal: Filing a Federal Lawsuit

When a disability claim is denied three times, you can take your claim to the federal level by filing it with a U.S. District Court in your city or state. You will need to be represented by a disability attorney at this point who will submit a written complaint to the appropriate district court. Once the SSA receives your attorney’s complaint, an SSA lawyer will file a response in district court. This response contains the reasons why the SSA has consistently denied to approve your claim.

Why Does the Social Security Administration Deny Disability Claims?

Lack of adequate medical documentation proving a disability, incomplete or wrongly filled out paperwork and inability to show you have followed through with prescribed treatments are leading reasons why disability claims are routinely denied. The disability attorneys at Joel Thrift Law genuinely care about our clients who cannot work through no fault of their own and will work tirelessly to get you approved for monthly benefits.

Call the Law Office of Joel Thrift today for immediate assistance with your disability claim denials.