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Appeals
are offered to social security disability claimants at all
levels, accept the last---federal district court (when claimants
lose in federal court, they can either give up, or start
a brand new claim for monthly benefits and backpay).
The first appeal available to a disability claimant
is the reconsideration. A reconsideration may be
requested after the denial of an initial claim (within 60
days from the date of the denial).
The second appeal available to a disability claimant
is the hearing before an administrative law judge. An "ALJ
hearing" may be requested after the denial of a reconsideration
(again, within 60 days from the date of the recon's denial).
The third appeal available to a disability claimant
is the review, by the Appeals council, of an Administrative
Law Judge's decision.
At the appeals council, a judge's decision may be reviewed
for errors that are either technical in nature (for example,
applying the wrong "age rules" to a claimant and denying
their claim on that basis) or more substantial (such as
failing to consider medical evidence that was available
at the time of the hearing).
The appeals council has available to it several options:
Reversing a judge's decision and granting an approval.
Remanding a case (i.e. finding fault with a judge's decision
and ordering that a second hearing be held).
or
Simply issuing another denial (the wording of this type
of denial letter states "your request for review is denied").
The fourth and final appeal available to a disability
claimant is a suit filed in federal district court.
This option can be utilized when a claimant's case has been
denied by the appeals council.
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