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OREN & OREN

Disability Lawyers in Fresno, Bakersfield, and all of San Joaquin Valley

← Are You Disabled Enough for Social Security Disability?
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Time Limits for Social Security Disability Appeals

Posted on October 24, 2012 by jpdisab

Initial denial on a Social Security disability claim is frequent. The Social Security Administration has developed an appeals process that allows for reconsideration on several levels. A Fresno disability lawyer can assist you in filing and pursuing an appeal, and indeed this is one way of ensuring that you not will inadvertently miss very stringent time limits for doing so.

The Four Levels of the Claims Process

Your application may move through as many as four levels as you seek approval on your claim:

• Initial determination from the original application
• Reconsideration – the first appeal
• Hearing before an administrative law judge (ALJ)
• Appeals Council review

Once you and your Fresno disability lawyer exhaust this process, your alternative is to work with your Fresno disability lawyer to file your appeal in federal court.

Time Constraints

It may help to think of the number 60 for Social Security appeals. In all but one case the claimant has 60 days to appeal from the date the denial is received by mail. Since it is assumed you will have the denial in your hands five days after the decision is rendered, this amounts to 65 actual calendar days.

However, once a claim has been sent to federal court, if a remand is issued back to the Appeals Council level, the limit of time for filing is much more brief—30 days. Note that it is extremely important that your appeal is filed within these time constraints. Failure to do so could mean starting the application process all over.

If you have become disabled and cannot work for at least 12 months, you may be able to receive Social Security disability benefits. A strong Fresno disability lawyer can help, especially during the appeals process.

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← Are You Disabled Enough for Social Security Disability?
A Fresno disability attorney explains vocational expert testimony →
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Frequently asked questions

Should I apply for disability? How long does the disability process take? When should I apply for benefits? What does a disability attorney do? When am I likely to receive a hearing? What are disability hearings like? What happens if my disability appeal is late? What is the most common disability mistake?

The disability evaluation process

Answers to 8 common questions Examples of who is and is not disabled The sequential evaluation process A large bureaucracy Glossary

Disability forms

Employment questionnaire Monthly headache diary Monthly wage information Activities questionnaire

Disability appeals

The appeals process Good cause for late appeals

Your disability hearing

Advice for your Social Security disability hearing Answers to 14 common questions The hearing Your testimony Lay witnesses Vocational issues

After a favorable decision

Answers to 25 questions Delayed benefits Questions about working part-time Continuing disability reviews

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Areas Served: We handle Social Security disability claims for claimants from the San Joaquin Valley in California, including these counties and cities:

Counties: Fresno, Kern, Kings, Madera, and Tulare.

Cities: Fresno County: Fresno, Clovis, and Reedley. Kern County: Bakersfield, Delano, Ridgecrest, and Wasco. Kings County: Hanford. Madera County: Madera. Tulare County: Visalia, Tulare, and Porterville.

Bakersfield Disability Law Office: 1801 Oak Street, Bakersfield, CA 93301

Experienced disability lawyers in Fresno:Oren & Oren Law
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