Step 1: Don’t Panic—Understand Why You Were Denied

The first step is to understand why your claim was denied. The Social Security Administration (SSA) will send you a letter explaining the reason for the denial. Common reasons for denial include:

• Insufficient medical evidence to prove that your disability meets SSA’s criteria.
• Failure to meet the work history or income requirements for SSDI or SSI.
• Failure to follow prescribed treatments or attend medical appointments, which could affect your eligibility.

Review the denial letter carefully to see exactly why your claim was rejected. This will help you determine the best course of action moving forward.

Step 2: Request Reconsideration

If your claim is denied, your first step in the appeals process is to request reconsideration. This is a formal request for the SSA to review your case again. You must submit your request for reconsideration within 60 days of receiving your denial notice.

• What to do during reconsideration:
• Submit additional evidence: If you have new medical records or documents that were not included in your initial application, submit them with your reconsideration request.
• Correct any mistakes: If there were errors in your application (e.g., missing information or incorrect details), make sure to clarify or correct them during reconsideration.
• Timeline for reconsideration: The reconsideration process can take several months, so be patient while the SSA reviews your case again. It’s important to stay in touch with the SSA and respond promptly to any requests for additional information.

Step 3: Request a Hearing with an Administrative Law Judge (ALJ)

If your reconsideration is denied, you have the right to request a hearing before an Administrative Law Judge (ALJ). This is a crucial part of the appeals process and gives you the opportunity to present your case in person.

• What happens at the hearing:
• Present your case: At the hearing, you and your attorney (if you have one) will be able to present medical evidence, testimony from medical professionals, and any other relevant information that supports your disability claim.
• Cross-examine witnesses: If the SSA presents any evidence against your claim, you or your attorney can cross-examine the witnesses and provide counter-evidence.
• Be prepared: The hearing is your chance to explain why you believe you meet the SSA’s criteria for disability benefits, so it’s important to be prepared and organized.
• Timeline for a hearing: Hearing requests can take several months to schedule, and the hearing itself can be lengthy. However, it’s one of the most effective ways to present your case and potentially win your disability benefits.

Step 4: Consider Hiring a Disability Attorney

While you don’t need an attorney to appeal a disability denial, working with a disability lawyer can increase your chances of success, especially if your case is complex. Disability attorneys are familiar with the SSA’s rules and procedures and can help you:

• Prepare for the hearing: A lawyer can help gather additional medical evidence, prepare witnesses, and ensure your case is well-presented at the hearing.
• File paperwork correctly: An attorney can help ensure that all required documents and evidence are submitted on time.
• Increase your chances of approval: Studies show that claimants who have legal representation are more likely to win their disability benefits.

Many disability attorneys offer free consultations  and work on a contingency fee basis, meaning they only get paid if you win your case.

Step 5: Submit Additional Medical Evidence

In many cases, a disability claim is denied because the SSA feels the medical evidence doesn’t sufficiently support the claim. If you are appealing your denial, one of the most important things you can do is provide additional medical evidence.

What types of evidence to submit:

• Updated medical records: Ensure that all your medical records are up-to-date and include any recent doctor visits, hospital stays, or treatments.
• Doctor’s opinions: If your doctor or healthcare provider hasn’t already provided an opinion on how your disability affects your ability to work, ask them to submit a detailed statement explaining your limitations.
• Medical tests: If there are any recent lab results, imaging studies, or other medical tests that support your disability, include these as evidence.

Strong medical documentation is key to proving that your disability prevents you from working.

Step 6: Be Prepared for Multiple Appeals

It’s important to understand that many disability claims are initially denied, but that doesn’t mean you’ve reached the end of the road. In fact, many applicants are ultimately approved during the appeals process. If your reconsideration and hearing are denied, you can continue appealing your case through higher levels of review:

• Appeals Council: If the ALJ denies your claim, you can request a review by the SSA’s Appeals Council. The Appeals Council will evaluate whether the ALJ made any legal or procedural errors in your case.
• Federal Court: If the Appeals Council denies your claim, you can file a lawsuit in federal court to challenge the decision.

Each level of the appeals process takes time, so it’s important to stay patient and persistent. The more prepared and organized you are, the better your chances of winning your case.

Step 7: Keep Track of Deadlines

The SSA has strict deadlines for each stage of the appeals process. You must act within 60 days of receiving a denial notice to request reconsideration, and similar time limits apply to other parts of the appeals process. Missing a deadline can result in losing your right to appeal, so it’s essential to stay on top of these deadlines.