What Does Appeal under Review Mean for SSDI?

Aug 31, 2020 | Sara Khaki

Those who have applied for disability compensation from the Social Security Administration, or SSA, may not know exactly where their claim stands after a denial. You have the right to appeal the SSA’s decision on your disability benefits. However, the process of obtaining Social Security Disability Insurance (SSDI) can be long and arduous, especially for first-time applicants who need to submit an appeal.

Once you have filed an appeal, you may receive a letter stating that you have an “appeal under review.” This is a point in the SSA’s decision-making process that is neither good nor bad, but rather it means that your case is being reviewed to ensure that the decision on your eligibility for benefits was made correctly.

If you appeal an SSDI denial and receive an “appeal under review” letter, it’s important to understand that this isn’t a final decision on your eligibility for benefits, but rather an acknowledgement of your appeal. With help from our team, you can ensure that your SSDI application is accurate and up-to-date before you resubmit it to the SSA.

Process for SSDI Claim Denials

Of all the disability claims submitted to the SSA, only about 30 percent are approved at the initial stage of the application process. While the remaining 70 percent may still be valid claims, these applicants will have to appeal the SSA’s initial determination to obtain the disability compensation they qualify for.

There are five levels of Social Security disability appeals:

  1. The initial determination
  2. Request for reconsideration
  3. A hearing before an Administrative Law Judge
  4. Review by the Appeals Council
  5. Federal Court of Appeals

With an attorney by your side, you can be better prepared to accept the agency’s new decision or continue pursuing the benefits you’re entitled to by filing another appeal. You may continue to appeal your SSDI benefits decision until you reach your desired outcome, or until you make it to federal court where a case can take years to resolve.

If you send the appropriate documents to illustrate your disability and still receive a denial, it’s recommended to appeal the decision promptly to avoid delays in your SSDI case. Specifically, if you receive a subsequent denial of SSDI benefits after an initial appeal, you would have only 65 days to submit another appeal. Missing this deadline would require you to start the claims process all over again.

The best way to ensure your claim meets the SSA’s eligibility standards for SSDI is to work with a Social Security disability appeals lawyer. Having a Social Security disability representative when an “appeal under review” letter arrives can make a substantial difference in the timely progression of your SSDI claim.

What Does “Appeal under Review” Mean?

If you receive paperwork from the SSA stating that your “appeal is under review,” don’t assume that it’s a denial of benefits. Sending an “appeal under review” letter after the submission of an appeal is the SSA’s way of letting you know that your claim is being addressed.

Your case and the decision made by SSA staff members are re-evaluated to see if your SSDI denial was warranted. The agency will review your evidence to ensure that your paperwork is correct and that you followed the proper procedure for submitting a disability claim.

If it’s found that you did follow the SSA’s rules and regulations when filing your claim, and the evidence warrants an award of SSDI benefits, you will receive an additional letter indicating the approval of your claim.

Otherwise, this review process may result in a subsequent denial either for a valid reason or for something else. In these instances, we recommend reaching out to an experienced SSDI law firm for assistance. Not only can our team help you understand why your claim was denied, but we can also help you appeal the decision and get back on the path toward receiving disability benefits.

How a Disability Claim Attorney Can Help

The process of claiming SSDI or other Social Security benefits can be complicated and frustrating. With a high denial rate in the initial steps of the application process, many claimants feel discouraged and believe that they aren’t qualified for disability benefits when they actually are.

At the Khaki Law Firm, we understand that many applications for disability compensation are denied on the basis of procedural errors or missing/incomplete information rather than a claimant’s level of impairment. Each person has a unique situation, and sometimes a case is not properly explained before it’s presented to the Social Security Administration.

If you are applying for SSDI benefits or seeking to appeal a denial, we can advocate for your entitlement to disability compensation. Our knowledgeable and dedicated attorneys can help you at every step of the disability claims process and ensure that your case is properly documented and heard by the Social Security Administration. Call our intake team today to learn more about what “appeal under review” may mean for you.

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