How do I appeal Social Security decision?

By Hogan Smith

Updated 02/03/2025


If your Social Security disability claim has been denied, don’t lose hope. You have the right to appeal the Social Security Administration's (SSA) decision. Appealing a Social Security decision can be a complicated process, but understanding the steps can help you improve your chances of getting the benefits you deserve. Here's how you can appeal a Social Security decision.

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Step 1: Understand Why Your Claim Was Denied

The first step is to review the reasons why your Social Security claim was denied. The SSA should provide a detailed letter explaining why they denied your benefits. Some common reasons for denial include:

  • Insufficient medical evidence: The SSA may not have received enough documentation to prove that your disability prevents you from working.
  • Income or asset limits: If you’re applying for SSI and your income or assets exceed the allowable limits, your claim could be denied.
  • Failure to follow treatment: If you haven’t followed prescribed treatments or attended medical appointments, it may affect your claim.


Understanding the specific reason for denial will help you address those issues during the appeals process.


Step 2: Request Reconsideration

If you disagree with the SSA’s decision, your first option is to request reconsideration. Reconsideration is the process where another SSA reviewer will evaluate your claim again, taking into account any additional evidence you provide.


  • Deadline: You must request reconsideration within 60 days from the date you received the denial notice. If you miss this deadline, your case may be closed.
  • How to Request: You can request reconsideration online through the SSA’s website, by phone at 1-800-772-1213, or by mail. Be sure to include any new medical evidence or updated documentation that could support your case.


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

If your reconsideration is denied, you can escalate the appeal by requesting a hearing before an Administrative Law Judge (ALJ). This is a formal hearing where you will present your case, and the judge will review all the evidence.


  • Requesting the Hearing: You can request a hearing by submitting a form online, by phone, or by mail. Once the request is made, the SSA will schedule the hearing.
  • Prepare for the Hearing: It’s crucial to prepare for the hearing by gathering any additional evidence and reviewing your medical records. You may also want to have a disability attorney or advocate represent you at the hearing to ensure your case is presented effectively.
  • What to Expect: At the hearing, you will be asked questions about your condition and your ability to work. The judge may also ask for testimony from medical experts or vocational experts.


Step 4: Appeal to the Appeals Council

If the ALJ denies your claim, the next step is to request a review by the Appeals Council. The Appeals Council will look over your case and the ALJ’s decision to determine if there was an error.


  • What Happens Next: The Appeals Council can either approve your claim, send the case back for another hearing, or deny the appeal. If they deny your appeal, you can still take the case to federal court.


Step 5: File a Lawsuit in Federal Court

If the Appeals Council denies your claim, you have the option to file a lawsuit in federal court. This is the final step in the appeals process and requires you to file your case in the appropriate district court.


  • Representation: Because federal court is complex, it's highly recommended that you work with a disability attorney to help you through this final stage.

How Hogan Smith Can Help You Appeal

At Hogan Smith, we understand the challenges of appealing a Social Security decision. Our team can guide you through the appeals process by:


  • Helping You Request Reconsideration: If your claim was denied, we can assist you in requesting reconsideration and gathering the necessary evidence to strengthen your case.
  • Representing You at a Hearing: If your case goes to a hearing, we can represent you in front of an Administrative Law Judge (ALJ) and present your case in the most compelling way.
  • Appealing to the Appeals Council and Federal Court: If needed, we can help you appeal to the Appeals Council or even assist with filing a lawsuit in federal court.

Contact Hogan Smith Today

If you’ve received a denial from the Social Security Administration and need help appealing the decision, contact Hogan Smith today. Our experienced team offers a free consultation to discuss your case and guide you through every step of the appeals process.


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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