Social Security Disability Appeals Process

If you are denied disability benefits by the Social Security Administration (SSA), you have the option of appealing the denial of your claim for benefits.  There are several different levels of appeals that you can go through in order to have the denial of your claim reviewed.  If you are successful at any level of appeal, you will be awarded Social Security disability benefits. 

Reconsideration

When you receive the initial denial notice of your claim for disability benefits from the SSA, you will be given the option of requesting that the decision be reviewed by the State Disability Determination Services office.  In order to do so, you must complete a Request for Reconsideration form, as well as an Appeal Disability Report; both forms are available through your local SSA office, as well as online through the SSA website.  Once the Disability Determination Services office has reviewed your case, including your medical records, you will receive a decision about your request for reconsideration in writing.

Administrative Law Judge Hearing

If your claim for disability benefits is denied at the reconsideration level by the Disability Determination Services office, you have the right to request an appeals hearing in front of an administrative law judge.  In order to request this type of appeal, you must complete a Request for Hearing by Administrative Law Judge and Appeal Disability Report, either online or through your local SSA office.  This appeal is processed through the Office of Disability Adjudication and Review.

Appeals Council Review

If your claim for benefits is still denied after a hearing in front an administrative law judge, you can further appeal that decision to the Appeals Council.  You cannot file this type of appeal online, but must do it through your local SSA office, who will then forward your appeal request to the Office of Disability Adjudication and Review.

U.S. District Court Lawsuit

Assuming that the Appeals Council also denies your claim for disability benefits, your only recourse for appeal is to file a lawsuit for review of your claim with your local U.S. District Court.  As filing this sort of lawsuit requires adherence to formal rules of court and procedure, you should retain an experienced disability attorney to represent you in this matter.

Contacting a Disability Attorney for Assistance

If you have been denied Social Security disability benefits, you may wish to contact a disability attorney for assistance at any level of the appeals process.  As the appeals process can become progressively complex, you may have a greater chance of winning your claim for disability benefits if you enlist the assistance of an attorney.