First Appeal

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The SSA will give you 60 days (no exceptions) to file an appeal should your application be denied.  This also holds true for any denials of applications where liver diseases or disorders are the case.  The appeal is referred to as a “Request for Reconsideration” and is the primary step to take regarding the denial of your application.  So it is imperative that you do this within that 60-day window.

It is imperative that you know the date of the denial letter that you received as that 60-day period is calculated from the date of the letter forward.  Additionally, holidays and weekends are always calculated in that 60-day period.  We recommend that you have filed your Request for Reconsideration within 10 to 15 days from the day you receive your denial letter which allows for mail delivery time and the processing of your appeal.  Here are some additional steps to take should you be denied SSDI benefits.

Although it is wise to at least consult with a Social Security Disability attorney before initially applying, you should definitely hire their services now that you have been denied.  Now is the time to decide if you can legitimately appeal your case and proceed.

Read the SSA’s denial letter thoroughly so you are aware of the specific reason or reasons causing them to deny your benefits.  You will also want to read the section regarding your rights during the appeal process.  Follow any and all instructions to the letter and be keenly aware of any deadlines that are mentioned.

You can either go to your local area SSA office or to their website to file your appeal or form #SSA-561-U2.  Again, we cannot emphasize the importance of hiring the services of an experienced Social Security Disability attorney to assist you with your case.

When you are in the reconsideration stage of the appeals process, read your denial letter very carefully again to ensure that none of your medical records (pursuant to your case) are missing.  Additionally, if your liver disease or disorder has progressed and gotten worse, and if you have been receiving ongoing treatment, it is important that you have the documentation that supports this.

If your initial appeal is denied by virtue of the Notice of Reconsideration, you need to request a hearing.  The hearing is directed by one of the SSA’s Administrative Law Judges.  You and your attorney should be present at this hearing.

Your last bastion of hope is two-fold should you still be denied at your hearing.  You can direct your appeal to the Appeals Council for further review and if that fails you have the Federal District court to present your case to.

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