Minnesota Social Security Disability Appeal Overview

Social Security Appeal Attorney

Most Social Security disability claims are denied during the first stage. A Social Security disability appeal attorney can help with your denial. When your claim is denied, you will be given 60 days to appeal and ask for reconsideration. This is the point at which you should consider hiring a Minnesota Social Security appeal attorney. Your attorney will then file the appeal request and start documenting in more detail why you are entitled to disability benefits.

Your case is then reviewed by a Minnesota Disability Determination Services (DDS) caseworker who reviews the record and makes a decision regarding your Social Security disability denial. If the claim is accepted you will start receiving disability checks each month plus you will receive all back Social Security disability payments up to one year before the date you applied.

Social Disability Denial Minnesota

If your claim is denied, then your attorney will ask for a hearing. This has to be done within 60 days from the date your request for reconsideration was denied.

You will be required to appear at the hearing with your attorney and a social security appeal Judge will hear the evidence. The judge may ask a vocational expert to get involved. At the conclusion of the process, the Judge will then make a decision. If it is denied, a SSA disability appeal can be made to an Appeals Council. The Appeals council process takes several months and nothing can be done except wait for the review.

It can be as little as six months and as long as two years from start to finish to go through the social security appeals. A Minnesota Social Security appeal attorney at Fields Law Disability Center is ready to help you with your Social Security disability denial.

If the application for benefits is turned down, what can be done?

Four levels of Social Security appeal exist in Minnesota. You can:

1. Ask for reconsideration by another Minnesota DDS caseworker to determine if the initial decision was proper. These reviews rarely result in overturning the initial decision.

2. Ask for an administrative hearing-a formal hearing before an administrative law judge. You may request a hearing before an Administrative Law Judge in Minnesota if you disagree with the reconsideration decision. Such judges try hard to remain objective.

3. Ask for a review by the SSA Appeals Council. This council reviews decisions by administrative law judges. The council usually leaves judges’ decisions unchanged.

4. Appeal a denial of disability benefits to a U.S. Federal District Court. Relatively few claimants get their case heard at this level, and the chances of a favorable ruling are only slightly better than the previous level.

Social Security Disability Reconsideration Minnesota

Forms you need to request a reconsideration:

• Form SSA-561-U2: Request for Reconsideration
• Form SSA-3441-F6: Reconsideration Disability Report
• Form SSA-827: Authorization for Source to Source Release Information to the SSA

If you have received a Social Security disability denial after filing your initial application you will receive a notice regarding your right to appeal. Your local Minnesota Social Security office can help initiate your reconsideration.

A reconsideration is a complete review of your Social Security claim. The Minnesota Disability Determination Services (DDS) office reviews your claim. A medical consultant and examiner who were not part of the decision of your initial social security disability application will look at the original documentation provided along with any additional evidence that is included with your social security appeal. A Minnesota Social Security disability appeal attorney at Fields Law Disability Center can help you with your appeal and gather additional evidence for the DDS to review.

If your reconsideration social security appeal is denied, you will receive a denial notice and explanation. The next appeal level is to request a hearing before an administrative law judge.

Administrative Hearing Minnesota

Forms to request a hearing before an Administrative Law Judge (ALJ):

• Form HA-501-U5: Request for Hearing by ALJ
• Form HA-4486: Claimant’s Statement When Request for Hearing is Filed and the Issue is Disability
• Form SSA-827: Authorization for Source to Release Information to the Social Security Administration

If your Social Security appeals reconsideration is denied you are required to request a hearing before an administrative law judge within 60 days from the time you received your Social Security disability denial. Since the Social Security Administration adds five days for mailing time, you have a total of 65 days to file a social security appeal to an ALJ.
What Happens At The Social Security Administrative Hearing?

Your Social Security appeal will result in your case being scheduled for hearing before a Minnesota Administrative Law Judge (ALJ). The ALJ is an employee of the Social Security Administration. The ALJ makes an independent review of your application after a relatively informal hearing, and makes a decision on your claim.

The only people who are likely to be at the hearing are the ALJ, an administrative assistant who records the proceeding, the claimant, the claimant’s attorney, and any witnesses the claimant has brought to the hearing. The ALJ may also call a medical or vocational expert to testify at the hearing. There is no “opposing counsel” at the Social Security appeal hearing to claim that you don’t qualify for benefits.

SSA Appeals Council Minnesota

Form to request an appeal to the Appeals Council:

• SSA Form HA-520-U5: Request for Review of Decision/Order of Administrative Law Judge

The Social Security Appeals Council (AC) is the last step in the administrative Social Security appeal process. An appeal to the

AC must be made within 60 days. The AC can either return your case to the administrative law judge if it thinks more evidence is needed or it can keep your case for review. At this level the Administrative Council will look at the existing records and any additional evidence that supports your disability claim. It is very difficult to win at this level and the AC can take a year or more to review your Social Security appeal.

Minnesota Federal District Court

If the Appeals council denies your case or refuses to review your disability claim you can file a lawsuit in Minnesota Federal District Court. At this level of Social Security appeal you must file your complaint within 60 days after you receive the notice from the Appeals Council. Your case will not be heard before a jury, but instead a Minnesota federal judge will review your case.

If you or a loved one needs help applying for disability benefits or has received a Social Security disability denial you have the right to a social security appeals attorney. A Minnesota Social Security disability appeal attorney can help you get the benefits you deserve.