What happens when you appeal a Disability Claim?
By Hogan Smith
Updated 02/14/2025
If your disability claim is denied, it can feel discouraging, but don’t give up. You have the right to appeal the decision made by the Social Security Administration (SSA). Appealing can be a complex process, but understanding what happens during the appeal stages will help you navigate it more effectively. Here's what you need to know about what happens when you appeal a disability claim.
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Initial Appeal: Request for Reconsideration
After you receive a denial letter from the SSA, your first step is to request a reconsideration. This is the formal process where the SSA will review your claim again. Here's what to expect:
- Review by a Different Examiner: A different SSA examiner will evaluate your case. They will review your original application, any new medical evidence, and other documents you provide.
- Possible Outcomes: The reconsideration can either be approved or denied. If denied, you’ll be given the option to proceed with a hearing before an Administrative Law Judge (ALJ).
Second Appeal: Request a Hearing Before an Administrative Law Judge (ALJ)
If your reconsideration request is denied, your next step is to request a hearing before an ALJ. This is one of the most important stages in the appeals process. Here’s what happens:
- Scheduling the Hearing: The SSA will schedule your hearing, which may take several months. You’ll receive a notice with the date, time, and location of the hearing.
- Prepare for the Hearing: You will be able to present your case in person, and you may bring witnesses, such as doctors, to testify on your behalf. It’s important to be prepared with all relevant medical and personal evidence to support your disability claim.
- The ALJ Decision: After the hearing, the ALJ will make a decision. This can take some time, but you will eventually be notified whether your claim has been approved or denied.
Third Appeal: Review by the Appeals Council
If the ALJ denies your case, the next step is to request a review by the Appeals Council. Here’s what to expect at this stage:
- Review of the ALJ Decision: The Appeals Council will review the decision made by the ALJ to ensure it followed SSA rules and regulations.
- Possible Outcomes: The Appeals Council can:
- Approve your claim
- Deny your claim
- Send your case back to the ALJ for further review (if they believe the decision was incorrect).
- The Appeals Council’s Decision: This can take a few months, and they may issue their own decision or ask for more hearings or evidence.
Final Appeal: Federal Court
If the Appeals Council denies your claim or doesn’t act on your case, you can take your case to federal court. This is the final step in the appeals process. Here’s what you need to know:
- Filing a Lawsuit: At this stage, you can file a lawsuit in a federal district court. This is usually done with the assistance of an attorney who specializes in Social Security Disability cases.
- Court’s Decision: The court will review the case to determine if the SSA followed proper procedures and made a correct decision. If the court finds errors, they may send your case back to the SSA for further review or issue a ruling in your favor.
How Hogan Smith Can Help
Navigating the disability appeals process can be overwhelming, but Hogan Smith is here to assist you. Our experienced team can help you with the following:
- Appeals Process Guidance: We’ll guide you through every stage of the appeals process, from reconsideration to federal court.
- Preparing for Hearings: We will help you gather the necessary medical evidence and prepare for any hearings, ensuring that your case is presented effectively.
- Legal Representation: If necessary, we will represent you in hearings, court proceedings, and throughout the entire appeals process to maximize your chances of success.
Contact Hogan Smith Today
If your disability claim has been denied, don't give up! The appeals process can be long and complex, but with Hogan Smith by your side, we can help you navigate the system and improve your chances of approval. Contact us today for a free consultation, and let’s start working on getting you the benefits you deserve!
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