What happens if your disability appeal is denied?

By Hogan Smith

Updated 04/16/2025


Facing a denial of your disability appeal can be discouraging, but it doesn’t mean the end of the road. The Social Security Administration (SSA) offers multiple levels of review—and there are steps you can take to continue pursuing the benefits you need.

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Understand the Reason for Denial
  • Read Your Denial Letter Carefully: It will specify why your appeal was denied, which evidence was considered, and what was missing or insufficient.
  • Identify Weaknesses: Common issues include gaps in medical records, failure to meet specific Listing criteria, or missing deadlines.


Consider Your Next Appeals Level

If your request for reconsideration or your ALJ hearing is denied, you still have options:


  • Appeals Council Review: Submit a request for review to the SSA’s Appeals Council within 60 days. They can:
  • Affirm the decision
  • Remand it back to an ALJ for another hearing
  • Reverse the denial outright
  • Federal Court Lawsuit: If the Appeals Council declines review or issues an unfavorable ruling, you can file a lawsuit in federal district court within 60 days of their decision.


Gather Additional Evidence

Strengthen your case by:


  • Updating Medical Records: Include any new diagnoses, treatments, test results, or specialist opinions.
  • Getting Function Statements: Ask your doctors, caregivers, or employers for detailed letters on how your condition limits everyday activities and work.
  • Adding Testimony or Reports: Vocational expert testimony or new functional capacity evaluations can be persuasive at higher levels of appeal.


Meet All Deadlines

  • 60‑Day Window: You generally have 60 days from the date on the denial notice to file your next appeal.
  • Continuing Benefits Request: If you want to keep receiving benefits while you appeal, request “continuing disability” within 10 days of the notice.


Missing these deadlines can force you to start a brand‑new claim from scratch.


Prepare for a Potential Remand or Hearing

  • For Appeals Council Remand: Be ready to submit the new evidence they request or attend a second ALJ hearing.
  • For Federal Court: Your attorney will file briefs, possibly attend a status conference, and argue legal issues before a judge.

How Hogan Smith Can Help

At Hogan Smith, we’ve guided many clients through every level of appeal—even after initial denials. We can:


  • Review your denial letters to pinpoint the exact reasons for refusal
  • Strategize the strongest next step, whether it’s the Appeals Council or federal court
  • Gather and present powerful new evidence, from medical updates to expert testimony
  • File all paperwork accurately and on time, preserving your right to appeal and continuing benefits
  • Represent you in hearings or federal court, arguing legal and medical issues on your behalf

Contact Hogan Smith Today

Denied again? Don’t give up. You have the right to keep fighting for the benefits you deserve.



Contact Hogan Smith for a free consultation, and we’ll help you map out the best path forward, handle every filing, and advocate fiercely on your behalf.


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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