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If you are denied Minnesota Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you can appeal. There are different reasons to appeal, and different appeal stages. You should take these factors into consideration before filing a disability appeal.

Why file a Disability Appeal?

If your disability application is denied, you have a right to file an appeal. One reason to appeal is the disability examiner who denied your case simply got it wrong. Typically, your denial letter will provide reasons for the denial of disability benefits such as “you have the ability to walk without assistance,” and “you have the ability to use your hands and arms to complete tasks,” and other silly reasons that do not fully rule out why the claimant is not viewed as denied.

Another reason to file a disability appeal is if Social Security did not receive all of your medical records. On the denial letter, Social Security will indicate the names of your medical providers from which records were requested. If you see an indication that no records were received from a clinic where you have treated, you will know that Social Security did not have all of the relevant evidence to deny your claim.

Is there a time limit to file a MN disability appeal?

If you are denied disability befits at the application stage or on appeal, you must file your appeal (whether it is the first appeal, second, or third) within 60 days on the date of the denial letter.

What Disability Appeals are available?

There are three main stages of Minnesota disability appeals:

Reconsideration

At the Reconsideration stage, your file will be given to a disability examiner to evaluate. This will be a different disability examiner than the one who denied your disability application. If you have treated with a doctor since filing your disability application, the disability examiner should get the updated medical records. Additionally, the disability examiner may schedule you for an examination by a doctor or psychologist who Social Security hires to issue a report.

Hearing

At the Hearing stage, your case will be assigned to an Administrative Law Judge to evaluate the evidence. You have the option of attending a hearing, or simply submitting evidence to be evaluated. If you request a hearing, you will appear in front of the Administrative Law Judge, who will ask you questions about your disabilities and your daily activities. You can present evidence and have a witness testify at the hearing, as well.

Appeals Council

If the Administrative Law Judge denies your claim for disability benefits at the Hearing, then you may appeal to the Appeals Council. This appeal must be requested in writing. The official Request for Review form, HA-520, or a letter, is accepted. The request can be filed at any Social Security office or a hearing office, or by mailing the request to: Appeals Council, Office of Disability Adjudication and Review, 5107 Leesburg Pike, Falls Church, VA 22041-3255.

It is important to speak to a Minnesota disability lawyer if you need help filing an appeal since there are relatively short deadlines to appeal a denial of benefits.