Understand the Denial Notice

When your SSD application is denied, you’ll receive a denial letter from the Social Security Administration (SSA). This letter will explain the reason for the denial, such as insufficient medical evidence, failure to meet the SSA’s definition of disability, or earning above the threshold for Substantial Gainful Activity (SGA).

• What to do: Carefully read the denial notice to understand the specific reason for the rejection. Knowing why your claim was denied is the first step in addressing the issue and filing a successful appeal.

Can You Appeal the Denial?

Yes, you can appeal a Social Security Disability denial. In fact, many applicants are initially denied but successfully win their case during the appeal process. The SSA allows you to appeal in a series of steps:

Step 1: Request Reconsideration

If your claim is denied, the first step in the appeals process is to request reconsideration. This means the SSA will review your claim again, but it will be reviewed by someone other than the original decision-maker.

• How to Request Reconsideration: You must file your reconsideration request within 60 days of receiving the denial letter. You can do this online or by submitting a paper form.
• What Happens Next: The SSA will review your case and any new or additional evidence you provide. If your reconsideration is denied, you can move on to the next step.

Step 2: Request a Hearing Before an Administrative Law Judge (ALJ)

If your reconsideration is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ). This is often a crucial stage in the appeal process because it allows you to present your case in person.

• How to Request a Hearing: You must request a hearing within 60 days of the reconsideration denial.
• What to Expect: At the hearing, you or your attorney will present evidence, explain how your disability affects your ability to work, and answer questions from the ALJ. The ALJ will then make a decision.
• Outcome: The ALJ can approve your claim, send it back for further review, or deny your case. If your claim is approved, you’ll begin receiving Social Security Disability benefits.

Step 3: Appeal to the Appeals Council

If you disagree with the ALJ’s decision, you can appeal to the Appeals Council. The Appeals Council will review your case to determine if the ALJ made any legal or procedural errors.

• What Happens in the Appeals Council Process: The Appeals Council can either:
• Approve your claim: If they find the ALJ made an error, your case may be approved.
• Send the case back to the ALJ: The Appeals Council may require the ALJ to review your case again.
• Uphold the ALJ’s decision: If they agree with the ALJ’s decision, your case will be denied.
• How to Appeal: You must file a request with the Appeals Council within 60 days of receiving the ALJ’s decision.

Step 4: File a Lawsuit in Federal Court

If the Appeals Council upholds the ALJ’s decision, and you still believe your claim was wrongly denied, you have the option to take your case to federal court. This is the final step in the appeals process.

• How to File a Lawsuit: You must file a legal complaint in federal court within 60 days of receiving the Appeals Council’s decision.
• What Happens in Federal Court: A judge will review your case and determine whether the SSA followed proper procedures and laws when making their decision. If the court rules in your favor, your case may be sent back to the SSA for further review or a new hearing.

What to Do While Waiting for a Decision

While waiting for your appeal to be processed, it’s important to stay organized and proactive:

• Keep copies of all documents: Keep copies of your appeal forms, medical records, and any other correspondence with the SSA.
• Follow up on your case: You can check the status of your claim by creating an online account on the SSA’s website or by calling them directly.
• Attend any required medical exams: If the SSA requests additional medical evaluations or tests, make sure to attend and provide the necessary information.

Be Prepared for the Possibility of a Long Process

The appeals process for Social Security Disability claims can take a long time, sometimes months or even years. However, many applicants are eventually approved during the appeal stages, especially after presenting additional evidence or testimony at a hearing.

• What to do: Be patient and stay persistent. Having legal assistance or an experienced advocate by your side can help you navigate the process more effectively.