What happens if you lose your disability appeal?

By Hogan Smith

Updated 04/28/2025


Losing a disability appeal can feel discouraging, but it’s not necessarily the end of your journey toward receiving benefits. Several options are still available if your appeal is denied, depending on which stage you are in and how far you want to pursue your claim.

Find out if you qualify for SSDI benefits. Pre-qualify in 60 seconds for up to $4,018 per month and 12 months back pay.

Please answer a few questions to help us determine your eligibility.


Immediate Steps After Losing a Disability Appeal

If your disability appeal is denied at the hearing level or during reconsideration, here’s what you need to know:


Review the Denial Notice Carefully
The Social Security Administration (SSA) will send you a written decision explaining why your appeal was denied. Understanding the specific reasons can help you plan your next move.


Decide Whether to Appeal Further

You can often continue appealing after an initial loss. Your next step might be to request a review from the Appeals Council or even file a lawsuit in federal court.


Evaluate New Evidence
If you have new medical evidence or if your condition has worsened, this information could help in the next stage of appeal or in filing a new application.


Consider Reapplying
In some cases, it might make sense to file a brand-new disability claim rather than continue appealing. This depends on why your claim was denied and whether your condition or circumstances have changed.


Next Levels of Appeal After a Loss

If your initial appeal is unsuccessful, you typically have the following options:


Request an Appeals Council Review
The Appeals Council reviews the Administrative Law Judge’s (ALJ) decision to determine if errors were made. They can affirm, reverse, or send the case back for another hearing.


File a Federal Court Lawsuit
If the Appeals Council denies your review or upholds the denial, you can file a lawsuit in federal district court. This step is more formal and typically requires the help of a disability attorney.


File a New Disability Claim
If you missed appeal deadlines or if your condition worsens significantly, you can start a brand-new disability application. In some cases, this may be the better strategy.


How Deadlines Affect Your Next Move

It’s important to act quickly. You usually have 60 days from the date you receive the denial decision to:


  • Request an Appeals Council review, or
  • File a new application if that’s your strategy.


Missing deadlines could mean starting over from scratch.

How Hogan Smith Can Help

At Hogan Smith, we understand how devastating a denial can be — but we also know how to move forward strategically. Our team can:


  • Review the reasons for your denial to find opportunities for appeal or improvement.
  • Identify missing evidence or errors that could be challenged.
  • Prepare strong Appeals Council briefs or guide you through filing a new, stronger claim.
  • Represent you in federal court, if necessary.

Contact Hogan Smith Today

If you’ve lost your disability appeal, don’t give up hope. Contact Hogan Smith for a free consultation. We’ll review your situation, explain your next steps clearly, and fight for your right to Social Security Disability benefits. Your path to approval isn’t over — and we’re here to help.


Further Reading

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

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

Updated February 10, 2025

Was this helpful?

Boost Your Chance of Being Approved

Get the Compensation You Deserve

Our experts have helped thousands like you get cash benefits.

Contact Us


How It Works
A black and white drawing of a checklist and a handshake.
1

Briefly tell us about your case

A stack of papers with lines on them on a white background.
2

Provide your contact information

A black and white icon of a scale of justice and a briefcase.
3

Choose attorneys to contact you