Step 1: Understand the Denial

The first thing you should do after receiving a denial letter from the Social Security Administration (SSA) is to understand the reason for the denial. The SSA will send you a Notice of Disapproved Claim, which will explain why your SSI disability application was denied. Common reasons for denial include:

• Insufficient medical evidence.
• The SSA determined your condition didn’t meet the disability criteria.
• The SSA believes you can still perform some type of work.

Once you know why your claim was denied, you can take steps to address the specific issue when filing your appeal.

Step 2: File Your Appeal Within the Time Limit

After receiving the denial notice, you have 60 days from the date on the letter to file your appeal. If you miss this deadline, you will have to start over and submit a new application, which can delay the process significantly. To avoid missing the deadline:

• Mark the date of the denial letter on your calendar.
• Submit your appeal as soon as possible.

You can file your appeal online, by phone, or by mail.

Step 3: Request a Reconsideration

The first level of appeal is Reconsideration. This is when the SSA will review your claim again, but this time by someone who was not involved in the initial decision. The SSA will look at your medical records, work history, and other relevant documents to see if your claim meets the SSI disability requirements.

To request a reconsideration:

• Go to the SSA website to file an appeal online, or
• Call the SSA at 1-800-772-1213 and ask for a reconsideration request form, or
• Visit your local SSA office to file in person.

Make sure you provide any additional evidence or documentation that could help your case, such as updated medical records or new doctor’s notes.

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

If your reconsideration is denied, you can take your case to the next level by requesting a hearing before an Administrative Law Judge (ALJ). This is an in-person or video hearing where you’ll have the opportunity to present your case, explain your medical condition, and clarify any information that may not have been considered during the initial review.

To request a hearing:

• You can request it online or by phone after your reconsideration is denied.
• You’ll receive a notice with the date, time, and location of your hearing.
• Prepare for the hearing by gathering all necessary documents, such as medical records, letters from doctors, and any new evidence.
  

During the hearing, you can have a disability lawyer or advocate represent you to help improve your chances of success.

Step 5: Appeal to the Appeals Council

If the ALJ denies your claim, you have the option to request a review from the Appeals Council. The Appeals Council will review the ALJ’s decision and determine whether they made a legal error or if there is new evidence that should be considered.

The Appeals Council has three options:

• Grant your claim.
• Send your case back for further review (remand it).
• Deny your appeal.

While the Appeals Council does not hold hearings, you can submit additional evidence or documents to support your case.

Step 6: File a Lawsuit in Federal Court (Last Resort)

If the Appeals Council denies your appeal, you have one final option: to file a lawsuit in federal court. This is the last step in the appeals process, and it’s only appropriate if there is a legal issue with your case that can be addressed by a judge.

Filing a lawsuit can be a complex process, and it is highly recommended that you consult a disability attorney before proceeding.

Step 7: Consider Getting Help from a Disability Lawyer

Navigating the appeals process can be complicated, and it’s not uncommon for applicants to feel overwhelmed. Hiring a disability lawyer or advocate can greatly improve your chances of winning your SSI disability appeal. A lawyer can help you by:

• Reviewing your case and determining the best course of action.
• Gathering evidence and medical records.
• Representing you during hearings and advocating on your behalf.

Most disability lawyers work on a contingency fee basis, meaning they only get paid if you win your case. The fee is typically a percentage of your backpay—usually up to 25% or $6,000, whichever is lower.