By Hogan Smith
Updated 02/06/2025
Appealing a denial of your Social Security Disability (SSD) benefits can be frustrating and stressful. However, it's important to understand that a denial is not the end of the road. Many initial claims are denied, but that doesn’t mean you can’t win your case with persistence and the right strategy. Here’s what happens if your disability appeal is denied and how you can handle it.
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Understanding Why Your Appeal Was Denied
After you receive a denial letter, it’s essential to carefully review the reasons provided by the Social Security Administration (SSA). Common reasons for a denial include:
Requesting Reconsideration
The first step in appealing a denied claim is to request reconsideration. This is an internal review of your claim by someone who did not participate in the initial decision. How to Request Reconsideration:
If your reconsideration is denied, you can move on to the next step, which is requesting a hearing.
Requesting a Hearing Before an Administrative Law Judge (ALJ)
If your reconsideration doesn’t result in approval, the next option is to request a hearing before an Administrative Law Judge (ALJ). This is your chance to present your case in person, with the opportunity to explain your situation and provide additional evidence.
How to Request a Hearing:
The ALJ Hearing Process
At the hearing, the ALJ will listen to your case, review your medical records, and ask questions to determine the severity of your disability. You can bring witnesses, such as your doctors, to support your case. Key points to remember:
What Happens After the Hearing?
After the hearing, the ALJ will make a decision, which could take a few weeks to several months. If the ALJ rules in your favor, you will begin receiving benefits. If the ALJ denies your claim, you can still continue to appeal.
Filing a Request for Review
If the ALJ denies your claim, you can request a review by the Appeals Council. This step is an additional layer of review and allows the Appeals Council to either:
It’s important to note that the Appeals Council’s review is typically based on the evidence already presented, so additional medical records might not be considered unless they are directly related to your case.
Filing a Lawsuit in Federal Court
If your claim is denied at all levels of the appeals process, you can file a lawsuit in federal court. This is the final step in the appeal process, but it can be challenging and time-consuming. You’ll need to hire an attorney who specializes in Social Security Disability law to help with this process.
How to Increase Your Chances of Success After a Denial
While it’s common to face a denial, many claimants eventually win their case by following these tips:
How Hogan Smith Can Help
At
Hogan Smith, we understand how overwhelming the appeals process can be. If your disability claim has been denied, we can:
Contact Hogan Smith Today
If you’ve received a denial letter, don’t give up. At Hogan Smith, we can help you navigate the complex Social Security Disability process and improve your chances of winning your appeal. Contact us today for a free consultation to discuss your next steps.
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