Social Security Denials and Appeals
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Most people who go through the process of applying for Social Security or SSI disability will be denied the first time. The chances of getting approved for benefits go up for those who take the time to appeal. More specifically, getting a case at a hearing in front of an administrative law judge (ALJ) is where a claimant will have their best opportunity at winning disability benefits.
If your disability claim has been denied, you should get to understand how the appeals process works, because you have little chances of winning disability benefits if you don't appeal the initial denial and know the steps to take to win the appeal. Learn about Social Security and SSI appeals here.
Disability Denials
Disability Denials by the Numbers
This infographic paints a telling picture about where people finally win their benefits.
This infographic paints a telling picture about where people finally win their benefits.
A denial doesn't necessarily mean you're disabled -- look at your denial notice to see the rationale for the denial.
If your application is appealed, don't reapply -- instead, appeal.
You get a technical denial if you don't meet the financial requirements of SSDI or SSI.
Disability Appeals Process: Overview
There are four levels of appeal: a paper review, an in-person hearing, an Appeals Council review, and an appeal to federal court.
Don't write a disability appeal letter. Instead, get the proper appeal paperwork from SSA or file an appeal online.
Reconsiderations are fairly quick, while hearings can take over a year just to get scheduled.
Your chances of winning an appeal depend on your medical condition, but here are the averages.
First Step: Request for Reconsideration
The first step in the appeals process is the request for reconsideration. As soon as you've been denied, file this form.
In most states, the first appeal available to a disability claimant who has been denied benefits is the reconsideration.
The reconsideration review is quicker than the next level of appeal: the hearing.
Second Step: ALJ Hearing
At the hearing, you appear in person and can argue why you deserve a medical-vocational allowance.
Learn how to get your Social Security Disability case in front of a judge, where you'll have the best chance at winning benefits.
Here a few ways to speed up your hearing date.
Inside information on the theories and strategies most disability lawyers use to win 90% of their cases.
Third Step: Appeals Council
You can request that the Social Security Appeals Council review the ALJ's decision.
An overview of how to request an Appeals Council review and what happens at the review.
If you are denied Social Security disability benefits at the administrative hearing, you should only appeal further in a few situations.
Fourth Step: Federal District Court
If you are denied at the Appeals Council level, you can sue Social Security in federal court.
If you're denied Social Security disability benefits by the ALJ and the Appeals Council, here's how to appeal to federal court.
Appealing a Cessation of Disability Benefits
The appeal process for CDR terminations is different than for denials on initial applications.
If you request continuing benefits within 10 days of a notice of cessation (or a notice your reconsideration was denied), you can get benefits.
Helpful Do-It-Yourself Resources
If you want to arm yourself with the information necessary to win your case, we've got exactly what you'll need.
Nolo's Guide to Social Security Disability
Nolo's Guide to Social Security Disability was written by a former Chief Medical Consultant for the Social Security Administration, so you'll get all the insider information that you can't find anywhere else.
Nolo's Guide to Social Security Disability was written by a former Chief Medical Consultant for the Social Security Administration, so you'll get all the insider information that you can't find anywhere else.
Here's a sample of a completed Disability Report - Appeals (SSA-3441-BK) from Nolo's book.
Here's a sample of a completed Request for Reconsideration (SSA-561-U2) from Nolo's book.
Here's a sample of a completed HA-501-U5 from Nolo's book.
Editorial Information
The content on this site is managed by Beth Laurence. Beth manages a group of lawyers and disability advocates that offer free information for people trying to win disability benefits through Social Security.