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How to Appeal a disability claim denial from Social SecurityIf your initial disability claim is denied, you need to contact your local Social Security office or the toll free number 1-800-772-1213 for an appeal (if you have an attorney, you may contact that individual and they will submit the necessary appeal forms for you). It is important to always remember that all appeals for social security disability and SSI have a sixty-day appeal period and this is not negotiable with SSA. Appeal requests that are received outside the deadline date will generally not be accepted by the social security administration (unless "good cause" for the late appeal can be shown, such as a medical emergency), meaning that a claimant who files late will probably have to start over with a new disability application. The Social Security appeals process consists of four levels, ranging from reconsideration requests to federal court. The first appeal is known as a request for reconsideration, and once you fill out and return your appeal paperwork, your claim will be sent back to the same state agency responsible for Social Security medical decisions for another decision. This is the agency at which a disability examiner rendered a decision on your initial disability application and in most states it is known as DDs, or disability determination services. At DDS, after your appeal request is received by the social security office, a different disability examiner will review your reconsideration claim. However, your claim will be decided using the same rules and regulations as the initial social security disability or SSI claim. This accounts for why most reconsideration appeals are also denied. If your reconsideration is denied (currently 87 percent of such appeals are denied), you may request a hearing before an administrative law judge. Often a hearing is your best chance of receiving a disability allowance, because an administrative law judge, while bound by the same rules and regulations as the state disability agency, has much more room for independent interpretation of the medical evidence. Also, the judge will receive professional input from the disability attorney representing your case, should you choose to appear with representation, as well as any medical or vocational experts that the judge has chosen to have appear (one of your attorney's jobs will be to respond to hypothetical situations brought up by one of these experts, or to cross examine the testimony that they deliver to the judge). Most claimants, for a variety of reasons, should consider getting a Social Security representative (an attorney or a non-attorney advocate) who is familiar with Social Security rules and regulations. As with any other court, it is usually a good idea to have a representative who knows the specic law and regulatory framework. Claimants who appear unrepresented will generally be at a strong disadvantage, even in being able to interpret the information contained in their own file (which will be made available to them if they appear alone, so that they may examine the evidence that has been accumulated at all the prior steps of the process). If your disability hearing before an ALJ (administrative law judge) is denied ,you may file an appeal of this decision to the Appeals Council (note: not many decisions are reversed there), and after that your only course would be Federal Court. However, it should be stated that some individuals will pursue all appeal levels, be denied at each, and then will later begin the process all over with a new claim and be granted benefits. With SSD and SSI disability claims, persistence can often result in ultimately being approved for benefits. 
Return to: Individual Questions and Answers Special Sections Return to Social Security Disability Resource Center Or click to one of the following: Return to -- Social Security Appeals Time Limit Return to -- Can I Talk To the Disability Examiner Working On My Case? Return to -- What Expenses Will A Social Security Attorney Charge In Addition To The Fee? Return to -- Do Most People Need To See A Judge To Get Disability Benefits From Social Security? Return to -- Social Security Disability Lawyers and 25% Back Pay Return to -- Will Social Security Attempt To Get A Letter From Your Doctor To Help Your Case? Return to -- What Is The Difference In SSD and SSI? Return to -- How is Social Security Disability and SSI Awarded? Return to -- Will my children get benefits if I get approved for disability? Return to -- Why Does It Take So Long To Get A Call Back From The Social Security Office? Return to -- Does Being Represented On A Disability Claim Win The Case Faster? Return to -- Applying for Disability according to state of residence Return to -- Social Security Disability SSI Blog , About the Author Return to -- Social Security Disability and Money in the Bank Return to -- How long do you have To Be Out Of Work Before You Get Social Security Disability (SSD)? Return to -- The first appeal in a social security disability or SSI case Return to -- Using a Lawyer for an SSDI Disability Case Return to -- Social Security Disability SSI, Medical and Mental Conditions and Problems Return to -- Disability Lawyers - Questions about Hiring a Disability Attorney Return to -- Disability Lawyers in Various States |