16 The Appeals Process Though the process from application to first payment is designed to take six months, applications from people disabled by chronic illnesses like MS are frequently denied, only to later be approved after an appeal. Some applications may go through several appeals, taking months or even years. There are four levels of the appeals process for SSDI: 1. Reconsideration Your case is considered by a second examiner, one who was not involved in the original denial. They will look at all the evidence from the original application and any new evidence you submit. (In some states, you may skip this step and go directly to an appeal with a hearing before a judge.) 2. Hearing You will have an opportunity to answer questions about your case and present any witnesses, such as medical or vocational experts, before an administrative law judge. The judge will decide whether to approve or deny your application based on the evidence you have provided. 3. Appeals Council You can request a review by the appeals council. The council may agree or decline to review your case. 4. Federal Court Review If you disagree with the appeals council or if they decline to review your case, you can file a Federal lawsuit. If your application is denied, don’t give up! While 70 percent of applications are initially denied by the SSA, greater than 60 percent of cases that are appealed are approved eventually. It takes patience and determination, but you have a right to claim SSDI if you are disabled and have paid into the program. Planning for the Possibility If MS symptoms are interfering with your work, don’t wait until it becomes unmanageable to discuss it with your doctor. A record of troublesome symptoms and a history of seeking solutions will be helpful to your case in the event that those symptoms become disabling in the future. This is particularly true for the symptoms that are harder to quantify, such as fatigue and cognitive impairment. These are two of the most common reasons for individuals with MS leaving the workforce, yet some of the most difficult to document.