What to do when Disability is denied?

What to do when Disability is denied?

By Hogan Smith

Updated 02/14/2025


Being denied disability benefits can be disheartening, but it doesn’t mean the end of your claim. Many initial Social Security Disability claims are denied, even if you have a legitimate case. Understanding the steps you need to take after a denial is crucial to improving your chances of eventually receiving the benefits you need. Here’s what you should do when your disability claim is denied.

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Don’t Panic – Understand the Reason for Denial

First, review the denial letter you received from the Social Security Administration (SSA). The letter should provide specific reasons for the denial, such as:


  • Not meeting the SSA’s disability criteria: The SSA may determine that your medical condition isn’t severe enough to meet their definition of disability.
  • Failure to provide sufficient medical evidence: Your claim might have been denied due to a lack of detailed medical documentation to support your disability.
  • Working above the substantial gainful activity (SGA) threshold: If you’re earning more than a certain amount of income, the SSA may decide that you’re not disabled based on your work activity.


Understanding the reason for the denial is crucial in determining your next steps.


Consider Requesting Reconsideration

The first step after a denial is to request reconsideration. This is a process where the SSA will review your claim again, but with a different set of decision-makers than the initial review. You can request reconsideration if:


  • You believe the SSA made an error in reviewing your case.
  • You have new medical records or additional evidence that may support your disability claim.


During this process, the SSA may ask for more detailed information or even schedule a new medical examination.


Request a Hearing Before an Administrative Law Judge (ALJ)

If your claim is denied after reconsideration, you have the option to request a hearing before an Administrative Law Judge (ALJ). This hearing is your opportunity to present your case in person. Here, you can explain how your disability impacts your ability to work and provide more evidence.


  • Prepare thoroughly: It’s important to gather additional medical records, testimony from doctors, or even testimony from witnesses who can speak to your condition.
  • Present your case clearly: An ALJ hearing is your chance to directly communicate your struggles and limitations due to your disability. Having a well-prepared case will significantly increase your chances of winning.


Keep Detailed Records

Whether you’re requesting reconsideration or preparing for a hearing, you should keep detailed records of everything related to your case:


  • Medical documents: Ensure you have up-to-date records from your treating physician(s) about your condition and limitations.
  • Employment history: Document how your disability has affected your ability to work.
  • All SSA correspondence: Keep track of any letters or notices you receive from the SSA.


Seek Legal Assistance

While you don’t need a lawyer to appeal a disability denial, having a disability attorney can greatly improve your chances of success. Lawyers who specialize in Social Security Disability cases are familiar with the appeal process and can help you:


  • Prepare evidence: A lawyer can help ensure that you provide the most compelling evidence to support your claim.
  • Represent you at your hearing: A lawyer can present your case effectively and handle the legal aspects of your claim.
  • Navigate complex paperwork: Disability claims involve a lot of forms and deadlines. A lawyer can help ensure that you don’t miss any important steps.


Stay Organized and Be Patient

The appeals process can be lengthy, so it’s important to remain organized and patient. Document everything you do, and keep track of any deadlines to avoid delays. Regularly check the status of your appeal through the SSA’s online portal or by contacting the SSA directly.

How Hogan Smith Can Help

If your disability claim has been denied, Hogan Smith is here to help you through the appeals process. Our experienced team can:


  • Review your case: We can help identify the reason for your denial and guide you on the next steps.
  • Gather additional evidence: We will assist you in obtaining medical records and other supporting documentation to strengthen your case.
  • Represent you in hearings: If your case progresses to a hearing, we will represent you and present your case before an Administrative Law Judge (ALJ).

Contact Hogan Smith Today

If your disability claim has been denied, don’t give up. Contact Hogan Smith today to schedule a free consultation. Our team is ready to help you navigate the appeals process and work toward getting you the benefits you deserve.


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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