How to appeal an SSI Denial?

How to appeal an SSI Denial?

By Hogan Smith

Updated 01/28/2025


If your Supplemental Security Income (SSI) claim has been denied, it can feel disheartening, but don't lose hope. Many initial SSI applications are rejected, and you have the right to appeal the decision. Understanding the appeals process is crucial for increasing your chances of success. In this guide, we’ll walk you through the steps on how to appeal an SSI denial, so you can move forward in securing the benefits you deserve.

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Step 1: Understand Why Your SSI Claim Was Denied

Before you begin the appeals process, it’s important to understand why your SSI claim was denied. The Social Security Administration (SSA) will send you a denial letter, which should explain the reasons for the decision. Common reasons for denial include:


  • Insufficient medical evidence to prove your disability.
  • Your condition doesn’t meet the SSA’s definition of disability.
  • Your income or resources exceed the eligibility limits for SSI.


Review the denial letter carefully to identify the specific reason for the rejection. This will help you determine the best approach for your appeal.


Step 2: Request a Reconsideration

The first step in the appeals process is to request reconsideration. This is a review of your case by someone who wasn’t involved in the initial decision. You can request reconsideration if:


  • You believe there was an error in how your application was evaluated.
  • You have new medical evidence or documentation that wasn’t included in your original claim.


To request reconsideration:

  • File online: Visit the SSA website to request reconsideration online.
  • Request by mail or in person: You can also submit a request by filling out the SSA-561-U2 form, which can be found on the SSA website, or go to your local SSA office.


Typically, you must request reconsideration within 60 days  of receiving your denial notice. If you miss this deadline, you may lose your right to appeal.


Step 3: Prepare and Submit Additional Evidence

If your SSI denial was due to insufficient medical evidence, gather additional information that can support your case. This could include:


  • Updated medical records: Ensure that your most recent records and test results are included.
  • Doctor’s statements: A letter from your treating physician or healthcare provider explaining how your condition limits your ability to work can strengthen your case.
  • Personal statement: A detailed statement from you describing how your disability affects your ability to perform everyday tasks and work.


The more detailed evidence you provide, the better your chances of a successful reconsideration.


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

If your reconsideration request is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ). At this stage, you’ll have the opportunity to present your case in person, providing new evidence and arguing why you should be approved for SSI benefits.


To request a hearing:

  • Complete the Hearing Request Form: After the reconsideration decision, you’ll receive a notice that includes a Hearing Request Form. This form allows you to formally request a hearing before an ALJ.
  • Submit the form: Submit your request by mail or online. You will be notified of the date and location of the hearing.


Note: Hearings can take several months to schedule, and during this time, the ALJ may review your entire case, including medical records, personal statements, and any new evidence you’ve provided.


Step 5: Attend the Hearing

Once your hearing is scheduled, you’ll have the opportunity to present your case before the ALJ. Here’s what to expect:


  • Present your evidence: The ALJ will ask you questions, and you can present any evidence that supports your claim. This might include medical records, testimonies, and statements from doctors or family members.
  • Bring witnesses: You may bring witnesses, including family, friends, or medical professionals, who can testify about your condition and how it impacts your ability to work.
  • Be prepared to answer questions: The ALJ may ask you about your condition, treatment, and how it affects your daily life. Be honest and provide as much detail as possible.


After the hearing, the ALJ will make a decision. This can take anywhere from a few weeks to several months, and you will receive a written decision.


Step 6: Consider Further Appeals (If Necessary)

If the ALJ denies your case, you still have the option to pursue further appeals:


  • Appeal to the Appeals Council: If the ALJ denies your claim, you can request a review by the Appeals Council. The Appeals Council will review the ALJ’s decision for legal errors but won’t reconsider the facts of the case.
  • File a federal court appeal: If the Appeals Council denies your case, you can file a lawsuit in federal district court. This step is typically the last recourse if you’ve exhausted all other appeal options.


It’s important to understand that the further you go in the appeal process, the more complex it becomes, so seeking help from a disability attorney  or advocate is strongly recommended at this stage.

How Hogan Smith Can Help

At Hogan Smith, we understand how stressful it can be to deal with an SSI denial, and we are here to help. Our experienced team specializes in the appeals process and can assist you with:


  • Requesting reconsideration: We’ll help ensure all necessary documents and evidence are submitted to maximize your chances of approval.
  • Preparing for a hearing: If your case goes to a hearing, we’ll guide you through the process and ensure you’re well-prepared.
  • Representing you in court: If necessary, we’ll fight for your rights in federal court.

Contact Hogan Smith Today

If you’ve been denied SSI benefits and need assistance with your appeal, Hogan Smith is here to help. Contact us for a free consultation, and let us help you secure the benefits you deserve.


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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