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If Social Security denied your disability claim, you have the right to appeal the decision. Appealing a Social Security Disability denial involves carefully reviewing the decision letter, filing an appeal, and continuing through the required levels of review if necessary. Each stage of the appeals process has its own rules, deadlines, and requirements, and missing a step can mean starting over.
An appeal allows the Social Security Administration (SSA) to take another look at your case and gives you the opportunity to move your claim forward through additional levels of review. Because the appeals process can be confusing, some claimants choose to work with a Social Security Disability denial lawyer to help them understand their options.
If your Social Security Disability claim is denied, you must act quickly to preserve your right to appeal. In most cases, you have 60 days from the date you receive your decision letter to request an appeal. Missing this deadline may require you to start the application process over.
You can begin your appeal in one of two ways:
The SSA does not automatically move your claim forward. You must file a new appeal request at each stage and may be asked to update information about your medical condition, work history, or other details related to your claim. Keeping copies of everything you submit can help avoid delays or confusion later in the process.
After you apply for Social Security Disability benefits, the SSA will send you a written decision explaining whether your claim was approved or denied. It is important to read this letter carefully as soon as you receive it. If your claim was denied, the notice should explain the reason for the decision and outline your right to appeal.
Social Security may deny a disability claim for several common reasons, including:
The reason for the denial often determines what needs to be addressed during the appeals process. While the appeal steps themselves are the same for everyone, understanding why Social Security denied your claim can help you decide how to move forward.
The Social Security Disability appeals process is divided into several levels. Each level allows a different decision-maker to evaluate your claim and determine whether the denial should be upheld or changed.
Reconsideration is the first level of appeal. At this stage, a different reviewer at Social Security reexamines your claim, including any updated information you submit. This is a full review, not simply a check of the original decision. Many claims are denied again at this level, which is common.
If reconsideration is denied, you may request a hearing before an Administrative Law Judge (ALJ). This stage allows your claim to be reviewed by a judge who was not involved in earlier decisions. Hearings may be held in person, by phone, or by video. The judge may ask questions about your medical condition, work history, and functional limitations.
If the ALJ denies your claim, you can ask the Appeals Council to review the decision. The Appeals Council does not hold a new hearing. Instead, it reviews the record to determine whether the judge made a legal or procedural error.
The Appeals Council may:
If the Appeals Council declines review or upholds the denial, additional appeal options may be available. This final level involves asking a federal court to review the decision based on the existing record.
If Social Security denied your claim due to insufficient or unclear information, your appeal is an opportunity to strengthen your case. The decision letter you receive should explain what Social Security believed was missing or unpersuasive. Addressing those issues is an important part of the appeals process.
Depending on the reason for the denial, you may be asked to provide updated or additional information related to:
To qualify for Social Security Disability benefits, you must show that your medical condition is severe enough to prevent you from performing substantial work for at least 12 months or is expected to result in death. This standard applies even if your condition has not yet lasted a full year at the time you apply.
Strengthening a claim on appeal often involves clarifying how your condition affects your daily functioning and ability to work, rather than simply restating your diagnosis. Because the appeals process can be detailed and time-sensitive, some people choose to work with a Social Security Disability lawyer to help ensure their case is presented as clearly and accurately as possible.
Appealing a Social Security Disability denial can feel overwhelming, especially when deadlines and multiple levels of review are involved. You do not have to go through the process alone.
At Berger and Green, our Social Security Disability lawyers understand how the appeals process works and what Social Security looks for at each stage. If the SSA denied your claim, we can help you move forward and ensure your appeal is properly filed and handled. Call us now to get started.
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