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IL disability attorneyIt is not uncommon for Social Security officials to initially deny your claim for disability benefits. Fortunately, you have certain appeal rights. In fact, there are four levels to the disability appeals process. First, you can ask for reconsideration. Second, you may request a hearing before an administrative law judge (ALJ). Third, you can seek review of the ALJ's decision with Social Security's Appeals Council. Finally, you can seek judicial review of a “final” decision to deny benefits in federal court.

Illinois Magistrate Dismisses Social Security Appeal Filed One Day Late

At each stage of the appeals process, there are strict deadlines that you are expected to understand and comply with. If you file an appeal even one day late, a court may refuse to hear your case, regardless of the underlying merits. So it is critical that you act promptly to address a negative decision from Social Security.

For example, in a February 2020 case, McGhee v. Commissioner of Social Security, an Illinois federal magistrate judge granted the government's motion to dismiss an appeal brought by an unsuccessful disability applicant. The applicant previously went through the first three stages of the appeals process described above. In November 2017, an ALJ rejected the applicant's claim. The applicant then sought review from the Appeals Council.

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