Appealing Denied Social Security Disability Benefits

About Appealing Denied Social Security Disability Benefits

In 2009, almost 3 million people applied for Social Security Disability benefits. Of these applications, only 36% were approved after the initial review. This means that the majority of Social Security Disability applicants are rejected and will need to appeal that decision.

There are four different levels of appeal. The first level of appeal is called a reconsideration and is conducted by an expert who did not make the initial decision to deny benefits. During this process the applicant isn't required to be present but may be if the appeal concerns a denial based on the applicant no longer being disabled.

If the application is again denied, the applicant may appeal the decision to an Administrative Law Judge. Like a reconsideration, the applicant is not required to attend but is encouraged to do so in order to explain their case. The Administrative Law Judge will determine whether to approve the application based on the information initially presented and any other documents the applicant submits.

If the Administrative Law Judge denies the application, the applicant may request a review by the Appeals Council. The Appeals Council will either affirm the decision of the Administrative Law Judge, make its own decision based on the materials presented, or it may send the application back to the Administrative Law Judge. In any case, the Appeals Council will notify the applicant of its decision and reasoning if necessary.

If the decision by the Appeals Council is not satisfactory, the applicant may file suit in the Federal Court. An applicant can only file suit in the Federal Court if they has already been denied by the first three levels of appeal.

Appealing a claim denial is a long and tedious process. It can average anywhere from three months to a year at each level of the appeal process. While representation is not required to appeal the decision at any step of the process, a representative can be immensely helpful during an appeal. Your representative can help in several ways. For example, your representative can get information from the Social Security Administration, get medical records or other information that supports the claim, request hearings, attend all conferences, and address witnesses at these meetings and conferences. In addition, your representative can help you get obtain the records necessary to have your disability claim approved. 

If you would like to speak with an expert to discuss how to appeal your denied Social Security Disability claim, please complete the form and one of our attorneys will contact you or call 1-800-LAW-FIRM now.

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