North Carolina Social Security Disability Appeals Process – The Four Steps of Appeal

April 13, 2011, by Michael A. DeMayo

Knowing that you’re eligible for North Carolina Social Security Disability benefits or Supplemental Security Income (SSI) benefits, you’d like to maximize your chances of success.

After all, if you’re sick, injured, and confused, you need all the help you can get to simplify and shortcut the process and sidestep any pitfalls. This essay will walk you through the appeals process and give you statistics to chew over.

Out of 1,000 applicants who apply for North Carolina Social Security Disability (or SSD elsewhere in the country), 350 will be awarded benefits, 338 applications will be abandoned, and 312 will enter the appeals process. Note that, when you request an appeal, Social Security will look at the entire decision pertaining to your situation – they will review both unfavorable and favorable aspects. During the initial review, Social Security can render a variety of decisions:

• Decide you are eligible for the benefits
• Decide to stop your benefits
• Alter the amount of money you will receive

Reconsideration

The first step in the appeals process is called Reconsideration.

A different person from the person who reviewed your application the first time will look over your case. Essentially, it’s like a home base empire reviewing the decision a first base umpire makes.

Out of our pool of 312 people who request reconsideration, 47 will be awarded benefits, 80 will abandon the process, and 185 will head to the next tier of appeal – the ALJ hearing.

Administrative Law Judge (ALJ) Hearing

You can set an ALJ hearing using the web at www.socialsecurity.gov/disability/appeals. The judge will not have had any part in your case thusfar. If you hire a law firm that specializes in North Carolina Social Security Disability, your attorneys can request a hearing for you and bring your case before the judge.

Out of the 185 remaining applicants in our theoretical pool, 102 will be awarded benefits after this process, 46 will abandon their pursuit, and 45 applicants will go to the next tier of appeals, the Appeals Counsel Review.

The Appeals Counsel Review

Assuming that you don’t agree with Administrative Law Judge’s decision on you case, you can ask to have the Appeals Counsel Review your case. Out of the 45 remaining people (dwindled down from our initial 1,000 applicants), 8 will be sent back to another ALJ hearing, one will be awarded benefits, 33 will abandon their quest, and 5 will take their cases to Federal Court. Your odds of ending up in federal court over an SSD case are just 0.5% (5 out of 1,000).

Federal Court Action

The United States District Court will be the first court to hear your appeal, if you disagree with the Appeal Counsel’s decision. Depending on the facts of your case and a variety of other relevant factors, Federal Court action can stretch on and even potentially reach the Supreme Court of the United States… although that’s very, very unlikely.

Of the 5 cases that end up in Federal Court, 2.5 are abandoned, 0.25 lead to awards, and fewer than 2 get returned to the Appeals Counsel.

The application-and-appeals process is complicated, sophisticated, and time consuming. A North Carolina social security disability law firm can protect your rights and maximize your chances of getting the system to deliver results.

More Web Resouces:

www.socialsecurity.gov/disability/appeals

Supplemental Security Income 101

 
 

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