The Social Security Disability Insurance Appeals Process
Social Security Disability Insurance (SSDI) Appeals
Summary: If you have been denied your disability claim, you must appeal within 60 days. You have four appeal opportunities in the following order.
- Reconsideration
- Hearing with a Judge
- Appeals Council Review
- Federal Court Review
To help you get the benefits you deserve, Freedom Disability encourages all claimants who have been denied in the past to contact us immediately to begin an appeal. At Freedom Disability we are experts in the Social Security Disability appeals process and can help you build a winning case to get you the benefits you deserve.
When Can I Appeal?
In order to appeal your claim, you must submit your request to appeal within 60 days of receiving your letter of denial from the Social Security Administration. Contact Freedom Disability as soon as possible at (866) 761-5942 so that we can assist you with your appeal right away. The sooner you begin the process, the sooner you may begin receiving benefits. If it has already been more than 60 days since you received your denial letter please contact us and we can discuss your options.
Process of Appeals
1. Reconsideration
In most areas the first step in the appeals process will be a request for reconsideration. In a reconsideration appeal, your case is reviewed by someone who was not a part of the original decision. All evidence from the initial application is assessed as well as any new information you wish to provide. You usually do not need to be present for the reconsideration of your case. If your request for reconsideration is denied, and we believe that your case has merit, we will file a request for a hearing with an Administrative Law Judge (ALJ).
2. Hearing
At the hearing level, an Administrative Law Judge (ALJ) will have had no previous knowledge of your initial claim or the reconsideration of your case.
Before your hearing, we will work with you to ensure that you have all the necessary documentation to support your case. Your Freedom Disability Advocate will appear with you, in person or via teleconference, in front of the ALJ. You have the opportunity to bring any witnesses that you feel will benefit your claim.
The hearing is typically held within 75 miles of your home, or may be done by video if you are unable to attend the hearing in person. A video hearing is usually scheduled much faster and closer to your home, making it more convenient for you and your witnesses.
Although it is highly recommended that you attend your hearing either in person or via video, it is not completely necessary. If you are unable to attend, or do not wish to do so, you must notify the Social Security Administration as soon as possible before the hearing is scheduled with a valid reason. Depending on your situation, the SSA may be able to change your hearing date and location.
At the hearing, the ALJ will question you and any witnesses you bring about your medical condition and how it affects your ability to work. You and your Freedom Disability Advocate will also have the opportunity to question your witnesses.
After your hearing, the judge will make his or her decision based upon initial evidence and any new information you have provided. Once the judge has made a decision, a copy will be sent to you in writing.
3. Appeals Council
If your case has been denied at the hearing level, and you disagree with the decision, you may request for your claim to be reviewed by the Social Security’s Appeals Council. The council looks at all the review requests, but also has the power to reject a review if they believe the decision made at the hearing was correct. If the council decides to review your case, they either send the case to a new Administrative Law Judge, or make a decision themselves. Either way you will receive a letter with the decision.
4. Federal Court Review
If you disagree with the decision made by the Appeals Council, or if they refused to review your case, you may file a lawsuit through a federal district court.
Continuing to Receive Benefits During the Appeal
If you were receiving disability benefits, and the Social Security Administration during its periodic review of your case decides that you no longer qualify because they determine that your medical condition is no longer disabling, you may request that your benefits continue if you are appealing their decision. You must make this request within ten days of receiving notice that you are no longer eligible for Social Security Disability Insurance benefits.
Get Disability Help with Freedom Disability
Although some people choose to handle their claims alone, we recommend you work with an experienced representative. We can help you win your case sooner, and help you get the disability benefits you deserve. Our professional Disability Advocates have substantial experience submitting appeals to the Social Security Administration and know which types of evidence and medical records will benefit your claim the most. Call Freedom today at (866) 761-5942 to speak with one of our Disability Advocates. You will receive a free evaluation of your case status and a thorough review of your options.
The foregoing information is based on published materials from the Social Security Administration (“The Appeals Process”). It is meant to serve as an introduction to some of the factors used by the SSA in evaluating cases. It is no way comprehensive. While Freedom Disability can help you prepare an effective application for benefits, only the SSA can determine whether or not you qualify. For more information contact Freedom Disability today at (866) 761-5942.
My wife has filed for Social Security Disability 3 times and has been denied each time for a different reason. 1st, she was told she did not have sufficient medical documentation so, we got that. 2nd, they said she had not earned enough credits to qualify, ie. she had 34 and needed 36…..but, that was to retire at 58…if you go back to age 56 when there is medical proof she should have qualified then based on the 34 credits she had at age 56. Then the last denial was because she was told she had not worked 5 out of the last ten years and did not qualify. If that is true, please let us know because she has not worked 5 out of the last ten years and it would be no use to proceed with it. Can you please advise?
Paul,
Please read our article: “Work History Required to Qualify for SSDI Benefits” in the “Eligibilty” section of this Web site. It maps out the work requirements that SSA is very strict about to be eligible for SSDI. There’s just no getting around that requirement. You can still call in to us at 866-761-5942 to discuss your wife’s case and if there is any chance she could win through appeals.
I am re-applying for disability. I have previously gone through the whole process and was denied. My denial from an ALJ occurred in April of 2010. I have several conditions (bipolar depression, asthma, ezcema, and severe allergies) that my disability is based on. There were problems with medical documentation of my physical issues, because I could not afford to go to the doctor. My doctor gave me a medciation that I could use when I needed for these ailments rather than having to come in for an appointment. I feel that my attorney spent too much time focusing on only one of my ailments rather than all of them as a whole. Another problem was that I worked part-time during the period up to my hearing. There were two months in which I made over the amount that is allowed to be made. I consistently had to decrease my hours after this as I was unable to work that many. I thought that these should have been considered as “trial work period” months. I also felt that this would show that I had at least tried to work and showed I was unable to work the amount for substantial, gainful employment. The primary condition that my attorney argued was my ezcema, which is a physical condition and the vocational expert appeared by phone. There was also a period of time that was obvious to me that the vocational expert was not understanding the judge. My attorney said that here was something for which I could appeal my decision, but I did not understand what she was talking about. Ultimately, I felt she talked me out of appealing. When I got ‘the decision’, there were several things that I greatly disagreed with. I felt that the judge did not have a very good understanding of my health issues. I guess my question is, is there any way to appeal your hearing after the 60 days with good cause, such as incompetency of your attorney or other reasons that a new attorney maybe would see in reviewing your case. Sorry for lengthy appeal for advisement.
Lisa,
You could have requested SSA’s Appeals Council to review the ALJ’s decision. The purpose of the Council is to determine if there were any technical errors made by the ALJ or if the ALJ failed to consider all medical evidence. However, you have to make this request within 60 days of the date of the hearing decision. If you miss that window of time, you can still try to file an appeal but you must have a good reason for why you were late and explain that reason in writing. Because you are late in filing an appeal you could lose your eligibility for a review. The Appeals Council decides whether or not to give you an extension. Your local Social Security office should be able to help you, or your representative. If you do not succeed you have the option of starting over again.
If I re-apply for benefits, can I go back to a date before my ALJ hearing? It seemed his reason for denying me was because I had made too much money in certain months, so I am wondering If I can, in my re-application, go back to the months after that when I was making less money, but still waiting for my hearing?
Lisa,
SSA must determine the onset date of your disability which would be when its severity impacted your daily functionality and prevented you from earning substantial gainful activity, or no more than $1,000 a month. One of our disability advocates could advise you on the steps to take for your particular case.
Hello my name is Daniel and I am 45 years old. Six months ago I lost my left limb right below the knee due to an infection. Disability denied me December 21st 2010, claimed I was able to work in an office setting but I have no experience in an office setting. Due to this tragedy I’ve been severely depressed and suffering with insomnia. I’ve been to the emergency room 5 times since September of 2010. My bills are up to $6,000. I have diabetes and high blood pressure. My fingers are numb, and shoulders are in pain due to the use of a wheel chair and walker. I now have a foot ulcer, on my only foot, which I have to use to get around and is very painful. I applied for medical but they seem to be taking very long to reinstate my medical. Due to not having medical my bills keep adding up and I get more stressed trying to figure out how to pay my bills. Any ideas of what can be done please respond.
Thank you
Daniel from California
Daniel,
So sorry about your medical problems. If the medical condition for someone applyng for disability benefits does not meet SSA’s listing of severe medical impairments, SSA assesses the person’s vocational background, education and age to determine the person’s capacity to work. Even if your impairment prevents you from doing the type of work you once did, you are of an age the SSA considers as young enough to learn a new skill. Perhaps there are local services you can look into for financial or job-placement help. Also Healthcare.gov provides information on options for getting health insurance. Remember too, that if you stop working now and later on your health condition worsens, if you don’t have a recent-enough work history, which for your age would be five-years-worth of work credits within the last 10 years, you will jeopardize your eligiblity for disability benefits. It’s a tough system but decisions on cases that don’t clearly meet SSA’s definition of disability are evaluated based on the person’s capacity to work.
THIS IS DISGUSTING!! ABSOLUTELY UNFRIGGIN’BELIEVEABLE!!!
This man LOST A LIMB!!!!!! We pay pay pay pay pay into the “system” only to BE DISMISSED WHEN WE REALLY NEED SOMETHING!
I’m on my 3rd appeal…or now Notice of Reconsideration. Even my attorney…who used to be a Social Security JUDGE cannot really understand their “reasoning.” BECAUSE THERE ISN’T ANY!!
THIS COUNTRY TAKES & TAKES & TAKES BUT DOES NOT GIVE WHEN PPL TRULY NEED IT. I’m going to move to Canada if I am denied one more time. The US of A is no longer “the best country in the world” to me.
I agree with April , I was in a car accident 1977 flew up from the back seat and hit the windshield head first now at age 50 i can’t take the pain and depression. Cervical and lumbar surgery needed and the longer i wait is to end up in a wheel chair. I have many conditions and when i asked for medical they turned me down. How can this country think it so great when they won’t even help their own first and just slowly little by little keep taking away . I worked hard and for as long as i possibly could stand it. I feel for all you folks and i wish you the best. I will have to appeal my case to!
I agree…. I’m’ working on my 3rd apeal…I’ve was born mentaly Disabled. And in september 2010… i was beeing taken off my ssi!…There reasoning was because i was a adult And i was able to work…I’ve tried hard for a year to get a job and nothing has come my way!… And now i’m faceing homelessness..Because Ssi… doesn’t think i’m mentaly disabled…. Add ADHD! ODD Bipolar Personalty disorder…Whatever that means!.. AND SILENT SEIZURES!…Wich cause me to get very very angry! And not remember what happend.. I’m now back on my meds!. Things wich are helping me out, But I’m at a stand still with this!… I need help.. I’ve contacted a couple Atterny’s…Wich i havent heard from yet!… But should i continue to fight?