An Honest, Clear Voice In SSI/SSDI Care

Understanding the Social Security Disability Insurance appeals process

On Behalf of | May 17, 2021 | Social Security Disability

If you make a claim with the Social Security Administration for Social Security Disability Insurance, then there is a chance that your claim could be denied. If that happens, you do have an opportunity to appeal the decision made by the SSA.

When you get a disability denial letter, you need to ask for an appeal as soon as possible. Usually, you’ll have 60 days to make an appeal. IF you wait any longer, you will need to start your application process over again.

What are the stages of a Social Security Disability appeal?

There are a few stages of appeal. To begin with, your attorney will help you file a request for reconsideration. This is the very first step to appealing the claim’s denial.

The next stage is to have your attorney present information to an administrative law judge during a hearing. You’ll have 60 days to ask for this hearing if your initial reconsideration appeal is denied. This hearing may not occur for up to 24 months after you request it, so it’s important to request it as soon as possible.

If the decision from the administrative law judge isn’t in your favor, you can go on to ask the Appeals Council to review your case. Only the evidence you presented in the past will be presented to this council, so everything you need needs to be in the file already. This is something your attorney will help with.

If all else fails, your attorney will then represent you in the final level of appeals, which is to file a civil action in a federal district court. This isn’t common, but it could happen in some rare cases.

What should you do when you get a denial letter?

Immediately upon receiving a denial letter, it’s important for you to reach out to your attorney to discuss the reasons for the denial and to start the appeals process. Your attorney can also help you understand which information you need to gather for the Social Security Administration to help make sure your case is heard and understood. The goal is to have the initial appeal result in an overturn of the denial.