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If you have been denied Social Security Disability benefits, you have 60 days to file an appeal. The appeal process for disability benefits is different in certain States depending on the State you live the amount of time it takes to appeal could be considerably longer. Here is what you need to know about appealing a disability denial decision.

If you have received your first denial from Social Security you need to file an appeal as quickly as possible. The appeal process in most states is called “Disability Reconsideration,” and involves sending your claim back to the State disability agency for evaluation by a different examiner than the one that denied the claim. To start the reconsideration process you must call Social Security s toll-free number or visit the local office and fill out a disability reconsideration package. Make sure you do this before the 60 day appeal time frame expires. After you submit the reconsideration paperwork you should call the toll-free number to get the date your claim was sent back to the State disability agency. This date will give you an idea of when to expect a decision the State will typically take 120 days to evaluate your reconsideration request.

If you live in a State that Social Security has designated as a “Disability Prototype” State, the first step for your appeal is to request a hearing before an administrative law judge. The disability prototype states include: Alabama, Arkansas, California, Louisiana, Michigan, Missouri, New Hampshire, New York (Albany and Brooklyn only), and Pennsylvania. If you live in one of these states you will need to file a new disability claim at the same time you request the hearing date. The reason for filing a new claim is that it can take up to two years to receive a decision from your hearing depending how backlogged the hearing office is in your State. If your new disability claim is approved the administrative law judge can backdate your entitlement date to your original filing date. To file a new claim while you are waiting for your hearing date, contact Social Security s toll free number.

To learn more about appealing Social Security s decision to deny your disability benefits, visit the website “Social Security Laid Bare” using the links below.

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