Appeals Council form letter denial
I was talking to a woman who was upset with her attorney. Her Social Security case had been denied at the hearing level. The Administrative Law Judge did not think she was disabled. With her attorney’s help, she appealed to the Social Security Appeals Council.
After months and months, her appeal was denied. Even more than being denied, she was upset that her lawyer could not tell her why she had been denied.
We discussed that there is no way the attorney could know. When the Appeals Council denies an appeal, all you get is a form letter that says in part:
We found no reason under …
How long do I have to appeal my Social Security disability denial?
If your Social Security disability case has been denied. You need to know how long you have to file your appeal. You only have so much time before your deadline. If you miss that window of opportunity, you may be back to square one.
Check your denial
The best tip I can offer if your case is denied is to check the paperwork. While there are several common deadlines, if you do not definitely know how long Social Security gives you to appeal, you may be using the wrong deadline.
The paperwork you are looking for is typically a denial. However, it may also be called a “decision,” “notice of disapproved claim,” “notice of proposed action,” or something else. The thing to keep in mind is that whenever Social Security decides something on your case, they will also tell you the following:
The appeal options. What you can do if you disagree with the action or decision.
The appeal process. What forms you need to fill out, where to get them, where to turn them in, or the website to go to appeal.
How long you have to file the appeal.
If you have lost your Social Security denial?
If you no longer have your Social Security paperwork, give your local Social Security office a call. You can also call the toll-free Social Security number at 1-800-772-1213.
Social Security should always be able to tell you the most recent decision (or action on your case) and any applicable deadlines.
Lets get down to brass tacks. Here are the most common Social Security deadlines:
Social Security told me not to bother appealing my disability case
It always shocks me when I hear that Social Security has discouraged someone from filing an appeal. However, several times a year someone tells me something like this:
When I asked for the forms to appeal I was told, ‘if you appeal, you are just going to be denied.’
This is improper for a number of reasons:
It is not Social Security’s job to encourage or discourage people from pursuing cases. You have a right to appeal!
If you are requesting a hearing, the person telling you not to appeal will not be the person making the decision. So he or she has not idea what the outcome will be.
Telling you not …
How long after a consultative examination does it take to get a decision?
I was recently asked how long after Social Security sends you to a doctor for a consultative examination will it take to get a decision.
I previously wrote about how long it takes to receive an initial decision after you apply for Social Security disability benefits and how long it takes to get a Social Security hearing.
Unfortunately, there are no hard and fast rules for how long it will take to …
Save yourself a trip to Social Security – Use SSA Online!
Before you put yourself through the drudgery of going down to your local Social Security office, check the Social Security website to see if you can take care of your problem without going in.
There are a lot of things you can take care of online.
Denied at your Social Security hearing? What you can do now
If your Social Security case is denied after a hearing with an Administrative Law Judge (ALJ), you have a couple of options:
Appeal the ALJ’s decision to the Social Security Appeals Council
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.”
One benefit of appealing is that it preserves your entitlement to past benefits. Whereas, if you start a new claim, you normally lose your entitlement to the back benefits from the just-denied claim.
So, generally, if you can continue to appeal the current claim, you may get more back benefits that on a new claim.
There are exceptions to this, including the possibility of reopening a prior claim during a new claim. If the Judge decides to reopen the prior claim, you might not lose any back benefit.
However, there is no guarantee that you will be able to reopen a prior case. You have to meet additional requirements to request a reopening, and, more importantly, the choice of whether to reopen a prior claim is discretionary. If the Judge decides not to reopen the prior claim – that’s it! In my experience in Colorado, judges generally do not like to disturb a prior judge’s decision.
So, you do not want to count too much on reopening a prior claim. I warn my clients not to expect that a prior claim will be reopened if they have to start a new application.
Denied at hearing? Here’s how to appeal the Judge’s decision to Social Security Appeals Council
If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.” You only have 60 + 5 days to get the appeal to the Appeals Council from the date stamped on the judge’s decision (5 days to receive the decision and 60 days to deliver the appeal).
Note: The appeal must be delivered by the 65th day! Unlike filing your taxes, postmarking the letter on the 65th day is not enough. The appeal must be in the Appeal Council’s hands no later than the last day.
There is the possibility of filing late with the Appeal Council’s permission, but that is not something you want to count on.
Here are a couple of things to keep in mind about the appeal.
Social Security myths: you have to wait 60 days after being denied to reapply
I hear this one with some frequency. I am meeting with a client and they tell me that someone at Social Security told them that if they want to appeal, they have to wait sixty days before starting a new claim / filing a new application.
That’s just not true.
You do not have to wait any length of time after a denial before starting a new claim. You can start a new application the same day as you receive the denial.
I think the confusion comes from the 60 day (actually 60 + 5 day) time period you have typically have to file an …
What is an Social Security Informal Denial?
I am often asked:
I got an informal denial. What is that?
An informal denial typically means that Social Security is denying you because you may not be eligible for disability benefits. This is different from being denied because you are not disabled.
You may be disabled, but if you are not eligible for any type of Social Security benefits, you may be denied through an informal denial.
For example: you, your spouse, or your household makes too much money or has too many assets. This results is a financial denial. This sometimes happens in Supplemental Security Income (SSI) cases where, in addition to being disabled (unable to engage in a Substantial Gainful Activity, e.g. full time …
Social Security denial because husband or wife makes too much for SSI disability
Here is a common problem. You apply for Supplemental Security Income (SSI), but then Social Security tells you that your spouse is making too much money for you to be eligible.
How much is too much?
It was surprisingly difficult to track down an answer. But, at long last, I was able to find out that in order to be eligible for Social Security your countable income has to be less than the Federal Benefit Rate (FBR). According to Social …
Social Security denial: should you appeal or reapply?
I often hear the following question:
I just got my Social Security denial letter. Should I appeal or reapply?
While every case is different, based on my experiences handling Social Security claims in Colorado, I often find the you stand a better chance by appealing rather than re-applying.
If you reapply, your case may be reviewed by the same person who denied you the first time. Chances are they will not change their mind.
By appealing, you take the case out of the hands of the person who denied you, and put it in front of a fresh pair of eyes. Sometimes you can present the …
When Social Security problems arise, watch out for deadlines!
You, or your child, are on Social Security, when out of the blue, you get a letter:
Your benefits will cease as of …
or
An overpayment was detected due to your failure to notify Social Security of your spouse’s income …
or
Since turning 18 years of age, we have determined that you are no longer disabled under our rules …
You may be thinking, “this is clearly a mistake;” “I go in every year with my spouse’s paystubs;” or “nothing has changed in my condition.”
So, you call Social Security to clear this up. Maybe you make an appointment to go in. Maybe you speak to an understanding soul who says it is all a mistake. You think to yourself:
The letter said I could appeal, but I don’t need to do that, I will just get it cleared up.
Watch out!
What if Social Security loses your appeal?
After you were denied Social Security disability benefits, you got the appeal forms, you struggled to fill them out, but you made sure to get it all turned in before the appeal deadline.
Then you wait.
And wait.
You should have heard something by now shouldn’t you?
So, you call Social Security, wade through their voicemail until you finally get a real person, and they tell you the worst thing imaginable:
We don’t show any appeal was filed on your case.
Yes, this happens!
However, if you have proof that you filed the appeal, you can get your case back on track.
If you …
Denied at the Social Security hearing? Request the hearing tapes!
DisabilityAppeal.com has a interesting article on the importance of requesting the hearing tape if you are denied at hearing.
In many instances, once the tapes are obtained and listened to, parts of the record will be inaudible. And in a lot of cases can’t produce the tapes at all because they have been purportedly lost (usually when an ALJ said something during the disability benefits hearing that may reflect poorly upon him). An incomplete or missing record, when noted in a legal brief sent to the Appeals Council … results in an almost automatic sending of the …
Where can I find Social Security forms?
Are you looking for a specific Social Security form? Social Security has a page where you can find it.
You can search for a form or browse by category:
Prepare for Your Interview
Benefits Claims Supporting Forms
Medicare Prescription Drug Help Forms
Other Forms
Forms for Other Agencies
Forms You Can Complete and Submit Online
Listed below are the most frequently used appeal forms:
SSA-61 Request for Review By a Federal Reviewing Official
SSA-561-U2 Request for Reconsideration
HA-501-U5 Request for Hearing by Administrative Law Judge…
