You have the right to receive a written decision and appeal decisions if necessary. In a disability case, Social Security is required to provide you with written notices of any favorable or unfavorable determinations made which will include your right to appeal and appeal time frame. The current time frame in a disability case is that you have 60 days from the date of an unfavorable decision to appeal to the next level. That means that if you are denied after your initial application, you have 60 days to file a reconsideration appeal. If your reconsideration is denied, you then have 60 days to file for a hearing before a Federal Administrative Law Judge. Currently and historically, the government has used these 60 day appeal time frames to keep cases moving in the system. Unfortunately, the length of time it takes to get a decision varies based upon the number of cases in the system, and while the government is working very hard to play catch up, the current system is bogged down with delays. Don’t be discouraged. If you believe that you are disabled, it is the only system available to you for these benefits, and valuable help is available at Gallon, Takacs & Boissoneault, Co. L.P.A.
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