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:
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:
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:
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:
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:
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.
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:
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:
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