How to appeal a Disability Claim?

How to appeal a Disability Claim?

By Hogan Smith

Updated 02/03/2025


If your disability claim has been denied, it’s not the end of the road. You have the right to appeal the decision made by the Social Security Administration (SSA). While the appeals process can be challenging, understanding the steps involved will help improve your chances of success. Here’s a guide on how to appeal a disability claim.

Find out if you qualify for SSDI benefits. Pre-qualify in 60 seconds for up to $4,018 per month and 12 months back pay.

Please answer a few questions to help us determine your eligibility.


Step 1: Understand Why Your Disability Claim Was Denied

The first step in the appeals process is to understand why the SSA denied your claim. The SSA should send you a letter detailing the reasons for your denial. Common reasons include:

  • Insufficient Medical Evidence: The SSA may not have received enough documentation to prove that your disability is severe enough to prevent you from working.
  • Failure to Meet Eligibility Requirements: If you didn’t meet the work history requirements for SSDI or the income/asset limits for SSI, your claim could be denied.
  • Failure to Follow Treatment: If you haven’t followed prescribed treatments or attended medical appointments, it may impact your claim.


By understanding the reasons behind the denial, you can focus on addressing those issues in your appeal.


Step 2: Request Reconsideration

The first stage of the appeals process is to request reconsideration. This means that another reviewer at the SSA will re-examine your case and the evidence submitted.


  • Deadline: You must request reconsideration within 60 days of receiving your denial notice. If you miss this deadline, your claim will be closed, and you may have to start over.
  • How to Request: You can file a reconsideration request online at the SSA website, by phone, or by mailing the necessary forms to the SSA. Make sure to include any new or updated medical evidence that may strengthen your case.


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

If your reconsideration is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ). This is an in-person or video hearing where you’ll present your case to a judge.


  • Requesting the Hearing: You can request the hearing by completing the necessary form from the SSA. You can do this online, by phone, or by mail.
  • Prepare Your Case: At the hearing, you’ll have the opportunity to present additional evidence, such as updated medical records, and testify about how your disability impacts your life. It’s important to come prepared and be clear about how your condition affects your ability to work.
  • Representation: While you can represent yourself, many people choose to have a disability lawyer or advocate represent them at the hearing. Having legal representation can help you navigate the process and present your case more effectively.


Step 4: Appeal to the Appeals Council

If the ALJ denies your case, you can request a review by the Appeals Council. The Appeals Council will look at the evidence and review the judge’s decision. The council has three options:


  • Approve Your Claim: The Appeals Council may agree with the ALJ’s decision and approve your disability benefits.
  • Send It Back to the ALJ: The Appeals Council may find an error in the ALJ’s decision and send the case back for a new hearing.
  • Deny the Appeal: If the Appeals Council denies your appeal, you can take your case to federal court.


Step 5: File a Lawsuit in Federal Court

If your case is denied by the Appeals Council, you can file a lawsuit in federal court. This is the final step in the appeals process, and you’ll need a disability attorney to represent you. The court will review your case and make a final decision on your disability benefits.


  • Legal Representation: Since this is a complex legal process, it’s highly recommended that you work with a lawyer experienced in disability law to help you file your case in federal court.

How Hogan Smith Can Help You Appeal a Disability Claim

At Hogan Smith, we specialize in helping clients with disability claims and the appeals process. Here’s how we can assist:


  • Reconsideration Help: If your claim was denied, we can help you request reconsideration and gather the necessary evidence to strengthen your case.
  • Hearing Representation: If your case goes to a hearing, we can represent you before the Administrative Law Judge (ALJ) and make sure you present your case effectively.
  • Appeals Council and Federal Court: If your case goes to the Appeals Council or federal court, we’ll guide you through the process and ensure your case is properly prepared.

Contact Hogan Smith Today

If your disability claim has been denied and you need help with the appeals process, contact Hogan Smith today for a free consultation. Our experienced team is here to help you through every step of your appeal and improve your chances of getting the benefits you deserve.


Further Reading

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

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

Was this helpful?

Boost Your Chance of Being Approved

Get the Compensation You Deserve

Our experts have helped thousands like you get cash benefits.

Contact Us


How It Works
A black and white drawing of a checklist and a handshake.
1

Briefly tell us about your case

A stack of papers with lines on them on a white background.
2

Provide your contact information

A black and white icon of a scale of justice and a briefcase.
3

Choose attorneys to contact you

Share by: