Filing for Social Security Disability Insurance (SSDI) can be a grueling process for applicants needing financial support due to a medical condition.
According to a Social Security Administration (SSA) report, only around 40% of disabled workers were approved for benefits after their initial application in 2019.
When you’re unable to work because of a debilitating medical condition, access to these benefits may be your primary way of supporting your and your family’s livelihood.
Fortunately, the SSDI appeal process gives applicants additional opportunities to claim the benefits they and their loved ones depend upon.
This blog post will overview the Social Security Disability appeal process. Our experienced SSDI lawyers explain what happens when you appeal a disability claim and offer tips for appealing a disability denial.
For assistance, please call (800) 801-0598 or contact us online today.
How to Appeal an SSDI Denial
The Social Security Disability appeal process involves multiple stages, each following separate procedures and deadlines. If you receive a denial of your claim at one stage, you have 60 days to file to continue your appeal at the next one. Let’s walk through the stages of an SSDI appeal and explore what each one involves.
1. Reconsideration
This is the first step in appealing an SSDI denial. It begins when an applicant files the request for reconsideration (Form SSA-561) with the SSA. The applicant must file within 60 days of receiving the initial denial letter.
The request will then go to the Disability Determination Services (DDS) in your state to be reviewed by someone not involved in your original decision.
They will reexamine your application, along with any additional documentation you’ve submitted to support your claim, e.g., medical records, evidence of work history, or statements about the impact of your disability on your life.Â
2. Hearing with Administrative Law Judge
If your appeal isn’t successful at the reconsideration stage, you can request a review by an administrative law judge (ALJ). The SSA will send your request to a local office to schedule a day for your hearing. ALJ hearings can be conducted in person or by online video.
During the hearing, the ALJ will review your case and any additional evidence you choose to include. The ALJ will likely ask about your condition, employment, and medical history.
Applicants can also bring in witnesses, including medical experts, to make statements in support of their claim. Â
3. Appeals Council Review
The next stage in the appeal process is review by the SSA’s Appeals Council. You can file a request for review online or by mail (Form HA-520). The Appeals Council’s job is to identify if the ALJ made any mistakes in your hearing.
If they find a procedural or judgment error, they will likely order your case back to the ALJ and order them to hold a new hearing. Only rarely will the Appeals Council issue a decision about a case themselves. The Appeals Council may also deny a request for review if they agree with the determination made by the ALJ.
4. File Suit in Federal Court
This is the final stage of the SSDI appeals process. To initiate it, applicants must file a civil lawsuit against the SSA in the federal district court where they live. A federal judge will review the claim and determine if any legal or procedural errors were made during the appeal process.
Applicants can’t submit any more evidence at this stage, and there won’t be a full trial. If the judge finds that the Appeals Council made a mistake or violated your rights, they can rule on the case themselves or return it for reexamination. Unfortunately, if the judge decides against your request for benefits, there are no more options for appealing your claim.
Strategies for Successfully Appealing a Disability Decision
Pursuing an SSDI appeal can seem daunting.
If you’re considering appealing your claim for benefits, here are some tips for improving your chances of approval:
- Understand why you were denied. Insufficient medical evidence, incorrect contact information, missing financial documents, and technical errors can all lead to denials. Read your decision letter closely to learn why your case was rejected.
- Have enough medical evidence. Lack of proof of disability is one of the major reasons for SSDI denials. Ensure you have thorough medical documentation of your condition, including records of diagnoses, treatment, test results, medication, and a doctor’s letter confirming the details of your disability.
- Get help from a lawyer. Support from a legal professional is the number-one tool for reversing an SSDI denial. An attorney can help you collect evidence, find medical experts, and represent your interests at each stage of the appeal process.
Overall, an SSDI appeal is a highly technical procedure that only becomes more complex as it continues. However, with the right tools and experienced professional help, applicants can build a strong claim and win the benefits they deserve.
Pines Federal: Strategic Support for Your Appeal
An initial denial doesn’t have to mean the end of the road for SSDI applicants. The attorneys of Pines Federal have spent over two decades successfully helping disabled employees navigate the SSDI appeals process.
As experienced litigators with over 60 combined years of legal experience, our advocates are prepared to help ease the burden of the appeals process and help you access your benefits. If you’re considering an SSDI appeal, contact our office online or call (800) 801-0598 today to learn more about how we can help.