How do I appeal a denied Social Security Disability claim?

How do I appeal a denied Social Security Disability claim?

By Hogan Smith

Updated 03/12/2025


If your Social Security Disability (SSD) claim has been denied, you may feel frustrated, but don’t give up just yet! You have the right to appeal the decision, and many people are approved for benefits during the appeals process. Here’s a step-by-step guide to help you understand how to appeal a denied Social Security Disability claim and increase your chances of success.

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Step 1: Understand Why Your Claim Was Denied

Before you begin the appeals process, it’s essential to understand why your SSD claim was denied. The Social Security Administration (SSA) will send you a written notice explaining the reasons for the denial. Some common reasons for denial include:


  • Failure to meet the SSA’s medical criteria: Your medical condition may not be severe enough to qualify for disability benefits.
  • Not enough medical evidence: The SSA may not have received sufficient documentation from your doctors to support your claim.
  • Not meeting the work requirements: If you are applying for Social Security Disability Insurance (SSDI), the SSA may determine you haven’t worked enough to qualify.
  • Earnings above the threshold for substantial gainful activity (SGA): If you are working and earning more than a specific amount, the SSA may decide you are not disabled.


Step 2: Request Reconsideration

The first step in the appeals process is to request reconsideration. This is when the SSA will review your case again with a fresh perspective, typically by a different examiner.


  • How to Request Reconsideration:
  • You have 60 days from the date of your denial notice to request reconsideration.
  • You can request reconsideration online, by phone, or by visiting your local SSA office. If you have a mySocialSecurity account, you can submit your request online.
  • Make sure to provide any additional evidence that may strengthen your case, such as updated medical records or reports from specialists.
  • What Happens Next:
    After you request reconsideration, the SSA will review your claim again. This step can take several months, and there’s no guarantee your claim will be approved. If your reconsideration is denied, you can move to the next step—
    requesting a hearing before an Administrative Law Judge (ALJ).


Step 3: Request a Hearing Before an Administrative Law Judge (ALJ)

If your claim is denied after reconsideration, your next option is to request a hearing before an Administrative Law Judge (ALJ). This step allows you to present your case in person and offer new evidence to support your claim.


  • How to Request a Hearing:
  • You have 60 days from the date of your reconsideration denial to request a hearing.
  • You can submit your request online, by phone, or in person at your local SSA office.
  • After submitting your request, you will receive a hearing date, which could be several months away, depending on your location.
  • Preparing for the Hearing:
  • Gather additional medical evidence: Make sure to bring up-to-date medical records, test results, and any new documents that can help prove your disability.
  • Consider legal representation: While you can represent yourself at the hearing, many people find it helpful to have a disability lawyer or advocate assist them in presenting their case effectively.
  • Prepare for questions: The ALJ may ask questions about your condition, treatment history, daily activities, and work limitations.


Step 4: The ALJ’s Decision

After the hearing, the ALJ will review the evidence presented and make a decision. The ALJ will issue a written decision, which can take a few weeks or months to arrive.


  • Possible Outcomes:
  • Approval: If the ALJ finds that you meet the SSA’s disability criteria, your claim will be approved, and you will begin receiving benefits.
  • Denial: If the ALJ denies your claim, you will receive a detailed explanation of the decision and information about further appeal options.


Step 5: Request Review by the Appeals Council

If you disagree with the ALJ’s decision, you can request a review by the Appeals Council. The Appeals Council will evaluate whether the ALJ made any legal errors or overlooked important evidence in your case.


  • How to Request a Review:
  • You have 60 days from the date of the ALJ’s decision to request a review by the Appeals Council.
  • You can submit your request online, by mail, or by phone.
  • What Happens Next:
    The Appeals Council will decide whether to accept your case for review. They may:
  • Agree with the ALJ’s decision and deny your request for benefits.
  • Send the case back to the ALJ for further review if they find mistakes.
  • Reverse the ALJ’s decision and approve your claim.


Step 6: Federal Court Review

If you disagree with the Appeals Council’s decision, your last option is to file a lawsuit in federal court. This step is rarely used, but it is available if you believe the SSA has made a legal error in your case.


  • What to Expect:
  • Filing a lawsuit in federal court is a lengthy and complex process. You will need to hire an attorney who specializes in disability law to represent you.
  • The court will review the SSA’s decision and either uphold it, send it back to the SSA for further review, or order the SSA to approve your claim.

How Hogan Smith Can Help

Appealing a denied Social Security Disability claim can be overwhelming, but you don’t have to do it alone. Hogan Smith can guide you through every step of the appeal process, from requesting reconsideration to preparing for your ALJ hearing and beyond. Our experienced team can help you:


  • Gather and organize evidence: We’ll ensure that your case is supported by all necessary medical and employment records.
  • Assist with your appeal paperwork: We’ll help you complete the required forms and meet all deadlines.
  • Represent you at the hearing: If needed, we can represent you in front of an Administrative Law Judge, presenting your case effectively.

Contact Hogan Smith Today

If your Social Security Disability claim has been denied, Hogan Smith is here to help. Don’t give up on your benefits—contact us for a free consultation today, and let us assist you in navigating the appeals process to get the benefits you deserve.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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