Appealing Social Security Disability Denials
The Social Security appeals process is designed to ensure that every disability claim has a fair opportunity for approval. While this is encouraging, the process can also be complex, lengthy, and frustrating, often resulting in financial strain.
Before delving deeper, it’s important to note that consulting with an attorney after a denial is highly advisable. Understanding how the process works and what to expect following your initial denial can also be beneficial.
Your Initial Denial Letter – Filing for Reconsideration
Upon applying for disability benefits, you will likely receive a denial letter. This simply means that your impairment was not listed among the Social Security Administration’s recognized disabilities, and you must now demonstrate that your condition is severe enough to qualify as a disability. You have 60 days from the date of this notice to appeal the decision. You can request a reconsideration by either calling the Social Security Administration or submitting a formal reconsideration request form.
A reconsideration appeal involves having a different claims reviewer assess your case. It’s worth noting that over 80% of claims are denied at this stage.
After the Reconsideration – Requesting a Hearing
If your claim is denied again, you will have another 60 days to file a further appeal. At this point, you should request a disability hearing, where an administrative law judge will review your case in detail to determine if you meet the criteria for disability. The hearing typically lasts between 30 minutes and one hour, during which all medical evidence will be evaluated. Having an experienced disability lawyer present can be crucial for effectively presenting your case before the judge.