What to do when denied Social Security Disability?

What to do when denied Social Security Disability?

By Hogan Smith

Updated 02/03/2025


Receiving a denial of your Social Security Disability (SSD) claim can be frustrating, but it doesn’t mean the end of your journey. Many claims are denied initially, even when you have a valid case. If your Social Security Disability claim has been denied, it’s important to understand your options and take the necessary steps to appeal the decision. Here’s what you should do when denied Social Security Disability benefits.

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Step 1: Review the Denial Letter Carefully

The first thing to do after being denied is to carefully read the denial letter from the Social Security Administration (SSA). The letter will explain the specific reason why your claim was denied. Understanding why the denial occurred is essential because it will help you address the issue in your appeal.


Common reasons for denial include:

  • Lack of medical evidence: The SSA may determine that you didn’t provide sufficient medical documentation to prove that your disability prevents you from working.
  • Failure to meet the SSA’s disability criteria: The SSA might have decided that your condition doesn’t meet their definition of disability.
  • Insufficient work history or earnings: For Social Security Disability Insurance (SSDI), you need to have worked and paid into Social Security for a certain number of years.


Knowing the reason for your denial is the first step in deciding what to do next.


Step 2: Don’t Panic—You Have the Right to Appeal

If your disability claim is denied, you have the right to appeal the decision. It’s important not to get discouraged. Many people who are initially denied eventually win their case after filing an appeal. There are multiple levels to the appeal process:


Option 1: Request Reconsideration

The first step in the appeals process is to request reconsideration. This means that your case will be reviewed by a different SSA official, who will reconsider the decision based on your initial application and any additional evidence you provide.

  • How to Request: You have 60 days from the date of the denial letter to request reconsideration. You can do this online, by phone, or by mail.
  • What to Include: When requesting reconsideration, submit any new medical records or updated information that may strengthen your case.


Option 2: Request a Hearing Before an Administrative Law Judge (ALJ)

If your claim is denied during reconsideration, you can request a hearing before an Administrative Law Judge (ALJ). This is an opportunity for you to present your case in person or by phone. You may be able to provide additional evidence and explain how your disability prevents you from working.

  • Be Prepared: It’s crucial to be prepared for the hearing, especially if your case is complex. Having a disability lawyer can significantly improve your chances at this stage.
  • Hearing Process: At the hearing, the ALJ will ask you questions and review your medical records, work history, and other relevant evidence.


Option 3: Appeal to the Appeals Council

If the ALJ denies your claim, the next step is to request a review by the Appeals Council. The council will review the ALJ’s decision to see if there were any errors in the process. The Appeals Council can either approve your claim, send it back for another hearing, or deny the appeal.

  • Possible Outcomes: The Appeals Council has the authority to approve or deny the appeal. If your claim is denied at this level, you can still file a lawsuit in federal court.


Option 4: File a Lawsuit in Federal Court

If your claim is denied by the Appeals Council, you have the option of filing a lawsuit in federal court. This is the final step in the appeal process, and it requires a legal professional to help navigate the court system.


Step 3: Consider Getting Legal Help

While you can represent yourself in the appeals process, having a disability lawyer can be extremely helpful, especially if you’re going through a hearing or taking your case to federal court. A lawyer will help you gather the necessary evidence, navigate the appeals process, and ensure your case is presented in the best possible way.


Here’s how a lawyer can assist you:

  • Helping you understand the denial: A lawyer can explain why your claim was denied and what needs to be done to strengthen your case.
  • Handling the paperwork: Disability claims involve a lot of paperwork, and a lawyer can help you complete everything correctly and on time.
  • Representing you at hearings: A lawyer can help you prepare for and represent you at your hearing before an ALJ, which is often crucial in securing benefits.


Step 4: Stay Organized and Meet Deadlines

The appeals process can take time, and it’s essential to stay organized and keep track of all the paperwork involved. Here are a few tips:


  • Keep copies: Always make copies of documents you send to the SSA or other parties involved in your case.
  • Track deadlines: Be mindful of deadlines, such as the 60-day window to request reconsideration. Missing a deadline can result in delays or a missed opportunity to appeal.

How Hogan Smith Can Help

At Hogan Smith, we understand how overwhelming it can be to deal with a Social Security Disability denial. Our experienced team can help you:


  • Request reconsideration and gather additional evidence for your claim.
  • Prepare for your hearing before an Administrative Law Judge (ALJ).
  • Navigate the Appeals Council and federal court processes if necessary.

Contact Hogan Smith Today

If your Social Security Disability claim has been denied, don’t lose hope. Contact Hogan Smith for a free consultation to discuss your case and learn more about how we can help you through the appeals process.


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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