When you file a disability claim in California, there’s always the chance that your claim will be denied. However, that doesn’t mean the process is over. With the help of an attorney, you can navigate through the appeals process, which allows you to present more evidence and argue your case.
How can you appeal a rejected disability claim?
Reconsideration is the first step in the appeals process. To request reconsideration, you can simply fill out a form online or send a written notice to the appropriate office. In return, you’ll receive written notice when the department makes a decision. They might reject your disability claims a second time or change their mind and accept them.
If you get rejected again, a hearing is the next step. When you request a hearing, you and your attorney will have the chance to make your case in front of a judge. Most hearings are done in person, but you may be allowed to hold a hearing online or over the phone. The department will pay for any medical tests that the judge wants you to complete before they make a decision.
If the judge rejects your appeal, you and your attorney can ask the Appeals Court to review your case. They will review the evidence and decide whether to accept or reject your claim. During this time, you can submit new evidence that might increase your chances of getting disability benefits.
Finally, if all else fails, you can file a civic action with the nearby federal court. The court might either accept your claim, deny the claim or dismiss the case altogether. You’ll have to file an action within sixty days of receiving the Appeals Court’s decision.
Who can help you navigate the legal process?
Fighting for disability benefits can be a complicated and exhausting process. Working with an attorney from the beginning might increase your chances of getting accepted early on. Even if your claim is denied, your attorney might be able to help you argue your case, present additional evidence and navigate through the challenges of the appeals process.