How to Appeal After Your Social Security Disability Claim’s Denial

by fihguide   ·  5 years ago  

If the SSA sends you a denial letter in the mail, don’t give up! Just 1 in 5 claimants (20%) get approved the first time they apply. You may still win benefits if you appeal within 60 days. However, most people who win benefits at their appeals hearing have a lawyer (about 57%).

Step 1: Get Professional Help Filing Your Appeal

We strongly suggest having a lawyer file your appeal (or at least consult one before getting started on your own). You’ll pay nothing to schedule a confidential meeting with a lawyer and get specific advice that applies to your situation. Plus, a lawyer can easily spot mistakes on your application and explain why the SSA denied your claim. Click here to find an experienced lawyer to answer your questions now.

Step 2: Submit Your Appeal (Request for Reconsideration) Within 60 Days

Complete and file Form SSA-561 with your local Social Security office within 60 days after receiving the SSA’s denial letter. If a lawyer filed your initial claim, there’s nothing else for you to do. Your attorney will handle all the appeals paperwork needed for reconsideration.

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

Just like Step 2, you have 60 days to request your ALJ hearing (do this as soon as possible!). The SSA’s Office of Disability Adjudication and Review (ODAR) usually schedules your appeal hearing 6-12 months after receiving your request. At this stage, most people who win benefits have a lawyer handling their appeal.

Step 4: If You’re Denied Again, Request an Appeals Council Review

You have another 60 days to dispute the judge’s ruling if you don’t win SSD benefits at this stage. But if you miss this filing deadline, the SSA will automatically dismiss your case. You’re only likely to win SSD benefits at this appeals stage if:

  • The judge cut your ALJ hearing short or made an obviously flawed ruling. The Appeals Council may review your claim, dismiss it or reverse the ALJ’s decision.
  • Your SSD case implies broad policy or procedural issue changes. If an expert testified at your ALJ hearing or you’re the first person to develop a new impairment, then this applies to you.

Step 5: File a Federal Lawsuit Against the Social Security Administration

Your last appeal option involves suing the SSA. This is expensive and time-consuming (i.e., you may wait 2-9 years for your court date). Only choose Step 5 if you believe the SSA made legal errors during the application and claim review process. Most lawyers aren’t willing to represent these cases on contingency, or sue the SSA at all.

Related: Health Conditions Frequently Approved for Disability Benefits