How to appeal a denied Disability Claim?

How to appeal a denied Disability Claim?

By Hogan Smith

Updated 02/06/2025


If your disability claim has been denied by the Social Security Administration (SSA), it can be disheartening, but don’t lose hope. Many initial claims are rejected, but there is still a chance to win benefits through the appeals process. Here’s a guide on how to appeal a denied disability claim and what steps you can take to improve your chances of success.

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Step 1: Review the Denial Letter

The first step after receiving a denial letter is to thoroughly review the document. The SSA will explain why your claim was denied. Common reasons include:


  • Lack of medical evidence: Insufficient proof that your disability prevents you from working.
  • Not meeting the SSA’s disability criteria: The SSA may have determined that your condition doesn’t meet the Listing of Impairments or doesn’t severely limit your ability to work.
  • Work history issues: For SSDI claims, you must have sufficient work history and earnings to qualify.


Understanding the reason for the denial is crucial for planning your next steps.


Step 2: Request a Reconsideration

The first step in the appeals process is to request a reconsideration. This is an internal review of your case by a different SSA examiner. To request a reconsideration:


  • You must submit the appeal within 60 days of receiving the denial notice.
  • You can submit your request online through your SSA account, by mail, or in person at your local Social Security office.


During the reconsideration, you can submit additional evidence or documentation to support your claim, such as updated medical records or statements from doctors.


Step 3: Gather Additional Medical Evidence

If your claim was denied due to insufficient medical evidence, gathering more documentation can help strengthen your appeal. Here’s what you can do:


  • Request updated records from your treating doctors and specialists. Make sure your medical records are thorough and up-to-date.
  • Obtain a doctor’s opinion: A detailed statement from your doctor explaining how your condition limits your ability to work can be powerful evidence.
  • Include specialists’ opinions: If you see specialists, include their evaluations and records as well.


The more detailed and specific the medical evidence, the stronger your case will be.


Step 4: Request a Hearing with an Administrative Law Judge (ALJ)

If your reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). This is a more formal process where you will have the opportunity to present your case in person. Here’s what to expect:


  • Prepare for the hearing: Make sure to gather all the evidence you need, such as medical records, work history, and personal testimony.
  • Your testimony: During the hearing, you’ll be asked questions about your condition and how it affects your daily life and ability to work.
  • Representation: You can choose to have an attorney or advocate represent you at the hearing. They can help you present your case more effectively.


The ALJ will issue a decision after the hearing, which could either approve or deny your claim. If you win, you may receive back pay  for the months you’ve been waiting for approval.


Step 5: Consider Representation by a Disability Lawyer

Although you can represent yourself throughout the appeals process, hiring a disability lawyer can improve your chances of success. A lawyer can:


  • Review your case: Help you understand why your claim was denied and what additional evidence is needed.
  • Gather medical records: Lawyers can work with your medical providers to obtain the necessary documentation.
  • Prepare for the hearing: A lawyer can represent you during the ALJ hearing and help you navigate the process.
  • File necessary paperwork: A lawyer can ensure that you meet all deadlines and submit all required forms.


Most disability lawyers work on a contingency fee basis, meaning they only get paid if you win your case.


Step 6: Appeal to the Appeals Council

If you disagree with the ALJ’s decision, you can request a review by the Appeals Council. The Appeals Council will review your case and determine if the ALJ made any legal errors. Keep in mind that the Appeals Council doesn’t conduct a hearing but will either:


  • Uphold the ALJ’s decision.
  • Send the case back for further review.
  • Reverse the decision and approve your benefits.


If the Appeals Council denies your claim, you can request a federal court review. However, this step is typically the last resort in the appeals process.


Step 7: Stay Organized and Keep Detailed Records

Throughout the appeals process, staying organized is crucial. Keep a detailed record of all documents, correspondence, and deadlines. This includes:


  • Copies of all forms and paperwork you submit.
  • Correspondence with the SSA, including denial letters, requests for additional information, and hearing notices.
  • Medical records and any new documentation you submit.


This will help ensure that you stay on top of important dates and have everything you need for your appeal.


Step 8: Be Patient – The Appeals Process Takes Time

It’s important to understand that the disability appeals process can take time. From the reconsideration to the hearing and any subsequent steps, it may take several months to get a final decision. During this time, stay patient, keep track of deadlines, and continue gathering any additional evidence that may strengthen your case.

How Hogan Smith Can Help

At Hogan Smith, we specialize in helping individuals navigate the disability appeal process. If you’ve been denied Social Security Disability benefits, we can assist you with:

  • Reviewing your denial letter and explaining the next steps.
  • Gathering medical records and other supporting documents.
  • Representing you at hearings and throughout the appeals process.
  • Providing legal advice to ensure your appeal is as strong as possible.

Contact Hogan Smith Today

If you’ve been denied Social Security Disability benefits, don’t give up! Hogan Smith is here to help you appeal the decision and increase your chances of success. Contact us for a free consultation, and we’ll guide you through the next steps in 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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