How to appeal a Disability Claim Denial?

How to appeal a Disability Claim Denial?

By Hogan Smith

Updated 02/04/2025


Receiving a disability claim denial can be a frustrating and discouraging experience. However, it's important to remember that a denial doesn’t mean the end of your case. You have the right to appeal the decision, and many claims are ultimately approved during the appeals process. Here's a comprehensive guide on how to appeal a disability claim denial and increase your chances of success.

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 the Reasons for Denial

The first step in appealing a disability claim denial  is to understand why your claim was denied. Common reasons for denial include:


  • Insufficient medical evidence: The SSA (Social Security Administration) may not have received enough documentation to prove the severity of your condition.
  • Earning above substantial gainful activity (SGA): If you are working and earning above a certain threshold, your claim may be denied.
  • Failure to meet SSA’s disability criteria: The SSA has specific criteria for determining disability, and your condition may not meet those standards.
  • Not following prescribed treatment: If the SSA believes that you haven’t followed prescribed treatments or sought appropriate care, they may deny your claim.


Carefully review the denial letter  from the SSA, which will explain the reasons for the denial. This will give you a clear understanding of the issue that needs to be addressed in your appeal.


Step 2: Act Quickly – Meet the Appeal Deadline

You have 60 days from the date you receive the denial notice to file an appeal. Missing this deadline can result in your claim being permanently denied. It’s crucial to act as soon as possible and not let the deadline pass. To begin the appeal process:


  • Write a request for reconsideration: This is the first step in the appeals process, where your case is reviewed by someone other than the person who originally made the decision.
  • File for a hearing: If your reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). This is an important opportunity to present your case in person.


Step 3: Request Reconsideration

The first step in the appeals process is to request reconsideration. This means that another SSA examiner will review your case and the evidence. However, the decision will be based on the same evidence submitted during the initial review, and the outcome can still be a denial.


  • Submit your request online through your SSA account.
  • Fill out the reconsideration request form (Form SSA-561-U2).
  • You can also file in person at your local SSA office.


Make sure to include any new medical evidence, test results, or doctor’s opinions that may support your case.


Step 4: Prepare for 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 a more formal process where you will have the opportunity to present your case in person. Here’s what you can do to prepare:


  • Gather additional evidence: Submit new medical records, doctor’s notes, or other relevant documents that were not included in the original claim.
  • Prepare for the hearing: It’s helpful to have legal representation at this stage. A disability attorney can help you present your case more effectively and ensure that you provide all necessary information.
  • Bring witnesses: If you have friends, family members, or colleagues who can speak to your disability and its impact on your ability to work, consider having them testify at the hearing.


During the hearing, you will be asked about your condition and how it affects your ability to work. The ALJ will also ask questions to understand how your disability limits you on a day-to-day basis.


Step 5: Review and Submit New Medical Evidence

One of the most important parts of your appeal is providing new medical evidence to support your claim. If your initial claim was denied due to lack of sufficient medical evidence, consider the following:


  • Consult specialists: See doctors who specialize in your condition and ask for detailed reports outlining how your disability affects your ability to work.
  • Obtain updated medical records: Ensure that your doctor’s notes, lab results, or diagnostic reports reflect your current condition and limitations.
  • Request a detailed letter from your doctor: A letter from your physician explaining how your disability impairs your ability to work can be particularly valuable. The more detailed and specific your doctor is, the better.


Step 6: Consider Legal Representation

Although you are allowed to represent yourself during the appeal process, working with an experienced disability attorney can significantly improve your chances of success. A lawyer specializing in Social Security Disability (SSD) or Supplemental Security Income (SSI) claims can help in several ways:


  • Help you gather and organize evidence: A lawyer can guide you in obtaining the medical records, expert opinions, and other documents necessary to strengthen your case.
  • Represent you at hearings: Attorneys are skilled at presenting arguments to Administrative Law Judges, ensuring that your case is effectively communicated.
  • Advocate for you: Disability attorneys know the ins and outs of Social Security law and can help protect your rights throughout the appeals process.


Many disability lawyers  work on a contingency basis, meaning they only get paid if you win your case, making it an affordable option.


Step 7: Follow Up and Stay Organized

Throughout the appeals process, it's crucial to stay organized. Keep track of all the documents you've submitted, any correspondence you receive, and any deadlines. Additionally:


  • Check your SSA account regularly to monitor the status of your case.
  • Stay in contact with your attorney (if you have one) to ensure that everything is progressing smoothly.
  • Respond promptly to any requests for additional information from the SSA.


What to Do if the ALJ Denies Your Appeal

If the ALJ denies your case, you still have options. You can request a review by the Appeals Council. If the Appeals Council denies your claim, you may be able to file a lawsuit in federal court.

However, this step is complicated and may require legal assistance. Consulting with an experienced disability attorney is crucial if your case reaches this stage.

How Hogan Smith Can Help You

At Hogan Smith, we understand the difficulties of appealing a disability claim denial. If you’ve been denied Social Security Disability or Supplemental Security Income benefits, our experienced team can help you:


  • Review your case to determine the best course of action.
  • Gather additional evidence to strengthen your appeal.
  • Represent you at hearings and advocate for your rights.

Contact Hogan Smith Today

If you need assistance with appealing your disability claim, contact Hogan Smith today. We offer free consultations and are committed to helping you navigate the appeals process and secure 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: