How to File a Social Security Disability Appeal?

How to File a Social Security Disability Appeal?

By Hogan Smith

Updated 02/21/2025


If your Social Security Disability (SSD) claim has been denied, it’s important to know that you have the right to appeal the decision. Filing a disability appeal can be a lengthy process, but it’s possible to have a successful outcome if you follow the proper steps. Here's a guide to help you understand how to file a Social Security Disability appeal and improve your chances of success.

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Step 1: Understand the Types of Social Security Disability Appeals

There are several levels to the disability appeals process, and it’s essential to understand each stage. The steps you take will depend on the stage your claim is at. Here’s an overview:


  • Reconsideration: If your application for Social Security Disability is denied, your first option is to request a reconsideration. During reconsideration, your claim is reviewed by someone who was not involved in the original decision.
  • Hearing before an Administrative Law Judge (ALJ): If your claim is still denied after reconsideration, you can request a hearing before an ALJ. This is a critical stage where you’ll have the opportunity to present your case in person.
  • Appeals Council Review: If the ALJ denies your claim, you can request a review by the SSA’s Appeals Council. They will decide whether the ALJ made a legal error in their decision.
  • Federal Court: If the Appeals Council denies your case, you may be able to take your case to federal court.


Step 2: File Your Appeal on Time

It’s essential to file your appeal within the required time frame to keep your case active. For most types of appeals, you have 60 days from the date you receive your denial notice to file an appeal. Missing this deadline could result in the dismissal of your case.


Here’s what you need to know:

  • Reconsideration: You typically have 60 days from the date of the denial to file a reconsideration.
  • Hearing: If your reconsideration is denied, you have 60 days to request a hearing before an ALJ.


Make sure to keep track of important dates and file your appeal promptly.


Step 3: Prepare Your Disability Appeal

To have the best chance of success, you need to prepare a solid disability appeal. This means gathering and presenting all the necessary evidence to support your claim. Here’s what you can do:


  • Review the denial letter: The letter you receive after your denial will explain why your claim was rejected. Review this carefully and address any issues raised in the denial.
  • Collect additional medical evidence: If possible, gather new medical records or get updated opinions from your doctors. The more recent and relevant evidence you can provide, the stronger your case will be.
  • Include a Personal Statement: A personal statement from you explaining how your disability impacts your daily life can be helpful. Be detailed about how your condition affects your ability to work and perform basic activities.
  • Get Expert Help: If you haven’t already, consider consulting with a Social Security Disability lawyer or advocate to help strengthen your appeal.


Step 4: Submit Your Appeal

Once you’ve prepared your appeal, you need to submit it to the SSA. You can file your Social Security Disability appeal online, by phone, or in person at your local SSA office.


  • Online: Visit the SSA’s website (www.ssa.gov) and follow the instructions to submit your appeal.
  • By Phone: Call the SSA at 1-800-772-1213 to request assistance with your appeal.
  • In Person: If you prefer, you can visit your local SSA office and submit your appeal in person. It’s recommended to schedule an appointment ahead of time to avoid long wait times.


Make sure to keep copies of all documents you submit.


Step 5: Attend Your Hearing Before an Administrative Law Judge (ALJ)

If your disability appeal progresses to the hearing stage, it’s important to be well-prepared for the hearing before an ALJ. Here’s what to expect:


  • What Happens at the Hearing: During the hearing, the ALJ will review your case and ask questions about your disability. You can present new evidence and testify about how your condition affects your ability to work and live your life.
  • Bring Your Medical Records: Make sure to bring all relevant medical records and supporting documents to the hearing. If you have a lawyer or advocate, they will help prepare your case.
  • Testify About Your Condition: The ALJ may ask you to explain how your disability limits your daily activities and ability to work. Be honest, detailed, and clear about how your condition impacts you.


Having a prepared and well-organized case can greatly improve your chances of success.


Step 6: Consider Getting Legal Help for Your Appeal

Filing a disability appeal can be complicated and time-consuming. While you can represent yourself, consulting with an experienced Social Security Disability lawyer or advocate can be beneficial, especially if your case reaches the hearing level.


A lawyer can help you by:

  • Reviewing your case and ensuring all necessary evidence is included.
  • Gathering medical records and expert opinions to strengthen your claim.
  • Representing you at the hearing and advocating on your behalf.


Having a legal professional on your side can significantly increase your chances of winning your Social Security Disability appeal.

How Hogan Smith Can Help

At Hogan Smith, we specialize in helping clients navigate the Social Security Disability appeals process. Our experienced team can assist you with:


  • Reviewing your case to identify potential weaknesses and gather additional evidence.
  • Representing you at your hearing before an ALJ, if necessary.
  • Helping you through the entire appeals process, from reconsideration to federal court if needed.

Contact Hogan Smith Today

If you’ve been denied Social Security Disability benefits and need help with your disability appeal, Hogan Smith is here to guide you through the process. Contact us for a free consultation, and we’ll help you take the necessary steps to improve your chances of a successful appeal.


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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