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Social Security Denials and Appeals
Most people who go through the process of applying for Social Security disability will be denied the first time. The appeals process is where most successful Social Security disability claims are won. 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.
Disability Denials by the Numbers
The SSA Disability Process by the Numbers
Ever wonder exactly how the social security disability application process works and where people finally win their benefits? This infographic paints the telling picture.
Ever wonder exactly how the social security disability application process works and where people finally win their benefits? This infographic paints the telling picture.
Disability Appeals Process: Overview
There are four levels of appeal: a paper review, an in-person hearing, a review by the appeals council, 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, you'll want to file this form.
The first appeal available to a Social Security Disability or SSI disability claimant who has been denied for benefits is the reconsideration.
The reconsideration review is a necessary step you must take before getting a hearing, but unfortunately, it's not quick.
Second Step: ALJ Hearing
At the hearing, you appear in person and can argue why you deserve a medical-vocational allowance.
Here a few ways to speed up your hearing date.
Here's what an administrative law judge, vocational expert and medical expert does.
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.
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.
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