Principal Attorney
Most Social Security Disability Insurance claims are denied on the initial application, but that doesn’t mean you should give up. You can appeal a disability denial through the Social Security appeals process. There are four levels of appeal available to you.
Reconsideration
According to the Social Security Administration, only about 21 percent of disability claims are approved on the initial application. That means you must be prepared for a denial on your first try. The first level of appeal is called reconsideration. You must request reconsideration within 60 days. According to the SSA, someone not involved in the first decision will review all the evidence in your original application and any additional evidence you may submit. You can have an attorney act as your representative in the reconsideration process.
Request a Hearing with an Administrative Law Judge
The second level of appeal is a hearing with an administrative law judge. You must request a hearing within 60 days of your reconsideration denial. At your ALJ hearing, the judge will review all the evidence again before deciding. According to the SSA, the judge may also consult with experts, such as:
- Medical experts, who can review your records and answer questions about your condition
- Vocational experts, who can give the judge their opinions about your ability to work at your past job or some other form of employment
You can have your attorney represent you at an ALJ hearing, which may be held either in person or online.
Request an Appeals Council Review
If the administrative law judge refuses to grant your appeal, you can request a review from the SSA Appeals Council. You must request this review within 60 days. The Appeals Council will reconsider every issue in your case, not just the decision you disagree with. As with the other levels of the appeals process, you can have an attorney represent you in front of the Appeals Council.
File a Civil Suit in U.S. District Court
Your final level of appeal is to file a lawsuit in U.S. District Court. According to the SSA, you must:
- File a civil action in whichever U.S. District Court is closest to you
- Send copies of the court summons and complaint to the Social Security General Council for your area via certified or registered mail
File a New Claim
If the District Court judge rejects your lawsuit, you have exhausted all available appeals for your disability claim. However, according to the SSA, you can still file a new claim and begin the process all over again. There is no rule requiring you to wait before filing a new claim, but it is a good idea not to file again until there is a significant change in your medical condition. If your condition becomes more challenging than it was before, you may stand a better chance of being approved for SSDI benefits the second time than you were the first time.
Contact a Social Security Disability Lawyer Today
An experienced lawyer can make a difference in your appeal. It’s much better not to have to go through the process alone.
Disability Advocates Group is a Social Security disability law firm serving clients throughout California. We are dedicated to helping disabled people obtain the benefits they deserve. We will guide you through the process of filing for benefits, appealing an initial denial, and working through the appeals process. We will not hesitate to take your appeal to the District Court if necessary. If your SSDI claim has been denied, contact Disability Advocates Group for help with your appeal immediately.
