What happens if my Disability Appeal is Denied?

What happens if my Disability Appeal is Denied?

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:


  • Lack of medical evidence: Insufficient proof that your disability prevents you from working.
  • Income too high: If your income exceeds the SSA’s threshold for substantial gainful activity (SGA), your claim may be denied.
  • Failure to meet eligibility criteria: If you don’t meet the SSA’s work history or medical requirements, your claim can be denied.


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:


  • File online: You can request reconsideration through the SSA’s online portal, or you can do so by mail.
  • Deadline: You have 60 days from the date you receive your denial letter to request reconsideration, so don’t wait too long.


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:

  • Timeframe: You have 60 days from the reconsideration denial to request a hearing.
  • Prepare for the Hearing: It's important to gather more medical evidence or any new information that could help your case. Having a clear and organized presentation of your condition and how it affects your ability to work can make a significant difference.


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:


  • Be prepared: Be clear and concise about how your disability impacts your daily life.
  • Have an advocate: Consider hiring a disability lawyer or advocate to represent you during the hearing. They can help you present your case more effectively.


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:


  • Approve your case.
  • Send your case back for further review.
  • Uphold the ALJ’s decision.


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:


  • Gather comprehensive medical evidence: Ensure that your medical records clearly show the extent of your disability and how it affects your ability to work.
  • Be thorough in your appeal: Don’t just submit the same information that led to the denial. Update your records and provide any new documentation that supports your case.
  • Seek expert help: Consider hiring a disability attorney or advocate to assist you with the appeal process, especially if it’s a complex case.

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:

  • Help you understand the reasons for your denial.
  • Assist you with filing for reconsideration and the hearing process.
  • Provide legal representation during hearings and appeals to improve your chances of success.

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.


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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