LYCOS RETRIEVER 
Disability Claim: Appeals
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If your claim has been denied, be aware that claimants for Social Security disability are allowed four levels of appeal. The first level is within the Social Security system, and is technically referred to as a 'request for reconsideration'. The next level is a hearing with an administrative law judge, followed by an appeal to the Social Security Administration (SSA) Appeals Council, and finally in a federal district court.
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ERISA stands for The Employee Retirement Income Security Act and governs long-term disability claims filed under a group policy obtained by your employer. If your claim falls under ERISA legislation, your appeal can become complicated. If the disability plan's administrator decides you are not entitled to disability benefits or a medical procedure, the court will uphold that decision unless it was arbitrary or an abuse of the administrator's discretion. This standard means that if the administrator has substantial evidence supporting its denial, your chances for winning your appeal are limited if you do not seek legal representation. If you do not win your ERISA appeal and you go to trial, the federal court is often limited in what materials it is able to review. Seeking legal advice early in the ERISA administrative process is imperative to obtaining your long term disability benefits.
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Applying for social security disability and SSI benefits, with or without an advocate can be difficult due to how long a claim may take and the high chance of being denied. But those who are denied disability can win benefits by utilizing the appeals process. To increase the chances of winning, applicants should learn about the system and file an appeal when a claim is denied.
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