How to file appeal for Social Security Disability?

How to file appeal for Social Security Disability?

By Hogan Smith

Updated 01/28/2025


If your Social Security Disability (SSD) or Supplemental Security Income (SSI) claim has been denied, don’t give up. Many claims are initially denied, but you have the right to appeal the decision. The appeal process can be complex, but with the right steps, you can increase your chances of securing the benefits you deserve. Here’s a guide to help you file an appeal for Social Security Disability.

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Step 1: Understand the Denial Reason

The first thing you should do after receiving a denial letter from the Social Security Administration (SSA) is to carefully read the denial notice. This will explain why your claim was denied. Common reasons for denial include:


  • Lack of medical evidence: The SSA may have determined that your medical condition isn’t severe enough to meet the SSA’s definition of disability.
  • Insufficient work history (for SSDI): If you haven’t worked enough to qualify for benefits, your application may be denied.
  • Income or resource limits (for SSI): If your income or assets exceed the program’s limits, your application for SSI may be denied.


Understanding the reason for your denial will help you focus on the areas you need to address in your appeal.


Step 2: File the Appeal Within the Deadline

You must file an appeal within 60 days  of receiving the denial notice. The SSA provides a 5-day grace period  for mail delivery, so you technically have 65 days  to submit your appeal. If you miss this deadline, you may lose your right to appeal and would have to start the process over with a new application.


The appeal process involves several levels:

  • Reconsideration: The first level of appeal where SSA reviews your case again, but with a different set of eyes.
  • Hearing by an Administrative Law Judge (ALJ): If reconsideration is denied, you can request a hearing before an ALJ.
  • Appeals Council Review: If the ALJ denies your claim, you can request a review by the SSA’s Appeals Council.
  • Federal Court: If all else fails, you can take your case to federal court.


Make sure you act quickly and follow all deadlines to avoid unnecessary delays.


Step 3: Request Reconsideration

After your claim is denied, the first step in the appeal process is to request reconsideration. Reconsideration is a review of your case by a different person at the SSA. This is your opportunity to provide additional documentation or evidence that was not considered initially. During reconsideration:


  • You can submit new medical records, doctor’s notes, or any other evidence that strengthens your case.
  • If you believe your claim was wrongly denied due to missing or incomplete information, make sure to address that in your reconsideration request.


While the reconsideration process is quicker than a hearing, it can still take several months to get a decision.


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

If your reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). This is a crucial stage in the appeals process because it gives you the opportunity to:

  • Present your case in person: You’ll have the chance to testify about how your disability impacts your ability to work and perform daily tasks.
  • Submit additional evidence: This can include medical records, expert testimony, and more detailed documentation.
  • Have a representative: If you choose, you can have a lawyer or advocate represent you at the hearing to strengthen your case.


At the hearing, the ALJ will review your case and determine whether you meet the SSA’s criteria for disability. The ALJ will issue a written decision after the hearing, which can take several weeks or months.


Step 5: Submit Additional Evidence and Documentation

One of the most important aspects of your appeal is submitting complete and up-to-date evidence that supports your claim. The SSA will review your medical records, work history, and other relevant documents. To strengthen your case, you should:


  • Collect medical evidence: Ensure you have recent medical records that show the severity of your condition. This could include test results, doctor’s notes, and treatment plans.
  • Request a letter from your doctor: A letter from your treating physician can be extremely helpful in detailing how your condition impacts your ability to work. The more specific the letter, the better.
  • Include vocational evidence: If your condition prevents you from working, include any vocational assessments or statements from employers that detail your work limitations.


The more detailed and specific your evidence, the better your chances of success.


Step 6: Stay Organized and Follow Up

Throughout the appeals process, it’s important to stay organized. Keep copies of all documents, forms, and correspondence related to your case. This will help you track your progress and avoid losing critical information.


  • Monitor your case status: You can track your appeal status online by creating an SSA My Social Security account.
  • Follow up with the SSA: If you haven’t received any updates or responses after a reasonable period, don’t hesitate to follow up with the SSA to inquire about your case.


Staying proactive and organized will help keep the process moving smoothly.


Step 7: Consider Getting Legal Help

While it’s possible to appeal your disability claim without a lawyer, having legal representation can significantly improve your chances of success. A Social Security disability lawyer can:


  • Help you navigate the appeals process and understand the steps involved.
  • Assist with gathering evidence and submitting necessary documentation.
  • Represent you at the hearing before an ALJ and present your case in the best light possible.


Lawyers typically work on a contingency fee basis, meaning they only get paid if you win your case. A lawyer can help you avoid mistakes and increase your chances of a favorable decision.

How Hogan Smith Can Help

If your Social Security Disability claim has been denied, Hogan Smith can assist you with the appeals process. Our team can help you:


  • Request reconsideration and provide additional documentation to support your claim.
  • Represent you at your hearing before an Administrative Law Judge (ALJ).
  • Gather and organize evidence that strengthens your case and improves your chances of winning.

Contact Hogan Smith Today

If you need help with your Social Security Disability appeal, Hogan Smith is here to guide you every step of the way. Contact us for a free consultation, and we’ll help you get 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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