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Mastanduno Law Group June 2, 2017

How to Appeal an SSDI Determination in Oregon

So your Social Security Disability Insurance (SSDI) case has been declined and you are worried about receiving benefits after being in an accident, or after a chronic condition has made you unable to work? Do not despair because there are still appeal options for your case with the help of the Mastanduno Law Group. We understand that you have been through a tough time and will help you file for an appeal setting out why you are entitled to disability benefits.

There are a maximum of four levels to appeal your SSDI case. First though, it is important to focus on the local Oregon procedure because many cases do not reach the more extreme steps that include the appeals council or the federal court appeal stages. After your first claim has been denied, the next stage is called reconsideration. This means that you need to fill out a form with an explanation of why you believe your claim should not have been denied. The reason might be there was evidence that they did not consider, or their decisions was so against the evidence that it does not make sense. You will need to contact your local SSA office to begin the new review of your claim at the Disability Determination Services level with a medical consultant and examiner.

If your case is denied again, there are still more options you can pursue. The next stage is to request a hearing from an administrative law judge (ALJ) within 60 days of the denial. In Oregon, there are two office locations that do these hearings: one in Portland and the other in Eugene. There are 25 ALJ’s in Oregon, and people believe that they receive a higher rate of claim acceptance at this point in the process because there is the opportunity to make more of a compelling case in person. That being said, many such hearings take place telephonically, for both your and the Social Security Administration’s convenience. If you do not want a telephonic hearing, then an in person hearing must be requested when a notice about the hearing is received. ALJ’s are able use their own personal discretion as well, which makes this stage the most common for getting benefits.

Many people recommend a lawyer for appealing a denial of SSDI benefits. By appealing with an attorney, your chances of being approved are greatly increased. Attorneys are very helpful at presenting a case to the SSA to show that their client is a favorable applicant. Mastanduno Law Group wants to represent and prepare you for the appeal process, and will work hard to get you the result you want.


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