FREE EVALUATION
Are you receiving Social Security benefits?*
Has applicant been, or expect to be, out of full-time work for at least 12 months (earning under $980 in payroll checks per month)?*
Have you retained an attorney for your social security claim?*

Important Facts

  • What if I can't afford the medical care to get the medical documentation that I need for the social security administration? Usually there are other providers in the community that offer care at a reduced price or free...
    Important Fact
  • What if I can't afford the medical care to get the medical documentation that I need for the social security administration? Usually there are other providers in the community that offer care at a reduced price or free...
    Important Fact 2
  • Do I have to wait 1 year to apply for SSI/SSDI? No you should apply as soon as you become disabled if your condition is expected to last 1 year or more or it is expected to result in death...
    Important Fact 4
  • I missed the 60 day appeal deadline, do I have to start all over again? Not necessarily, if you can show that you had a good reason for missing your appeal deadline, such as being hospitalized...
    Important Fact 3
  • Do I have to wait 1 year to apply for SSI/SSDI? No you should apply as soon as you become disabled if your condition is expected to last 1 year or more or it is expected to result in death. ...
    Important Fact
  • What if I can't afford the medical care to get the medical documentation that I need for the social security administration? Usually there are other providers in the community that offer care at a reduced price or free...
    Important Fact

Denied Social Security | File An Appeal

What to Do When Denied Social Security?

If you do not agree with the decision that the SSA takes regarding your claim for social security, you can lodge an appeal. The SSA will send you a detailed letter that will explain the reasons for their decision. When you appeal, the Social Security Administration will relook the entire decision. This includes both, parts that went in your favor and those that went against you. If they feel that the decision needs to be reversed, they’ll do it.

To appeal, you have 60 days from the date of receipt of the letter by SSA. The organization assumes that you receive the letter within five days of dispatch. If the case is otherwise, the onus is on you to prove it.

There are four levels of appeal. These include reconsideration, a hearing by an administrative law judge, review by the appeals council, and federal court review.

Reconsideration

Reconsideration is a review of your claim from scratch. A person who was not involved in the first decision-making process carries it out. The SSA will take into consideration evidence submitted the first time round and any new evidence that you may provide.

Generally, your presence will not be required for the review.

Hearing

If you are not satisfied with the decision arrived at by Reconsideration, you can appeal for a hearing. An administrative law judge who has not participated in the earlier two processes will head this hearing. This hearing is usually held not more than 75 miles from your residence.

You will be notified by the SSA about the timing and venue of the hearing. You may be required by the SSA to submit further information to support your claim. You can use the information available in your file to fulfill this requirement.

For the hearing, you should be prepared to answer questions by the judge, who may also examine any witnesses that you may bring along. Doctors and vocational experts may be asked to weigh in with their opinions and findings. You or representative may question the witnesses.

The hearing may be a video hearing or an in-person hearing. You will be informed about the situation. Video hearings are convenient because the preclude travel and you can get a date for these hearings earlier as compared to an in-person hearing. Video hearings are usually held closer to your home; this facilitates bringing a witness along. You should make it a point to attend the hearing, regardless of whether it is in-person or via video. Post hearing, the judge makes a decision that will take into account any new information that you may have put forth. The SSA will provide you with a letter and a copy of the decision.

Appeals Council

The Appeals Council is your third chance. The Social Security Appeals Council will consider your request for a review. However, there is no guarantee that you will be given a chance to present your case in front of this council. Your request may be denied if the council feels that the decision taken by the administrative law judge was the right one. If your request is denied, you will be given a letter, which will explain the reasons for the denial.

If it feels that there is some merit in your request then the case could be reviewed by the council or send it to an administrative law judge for review once more. The decision will be forwarded to you by the reviewing body.

Federal Court

If you’re not satisfied with the decision of the Appeals Council or if the council rejects your request then the federal district court is your last shot at getting social security disability benefits. The letter that you receive from the SSA informing you of the Appeal Council’s decision will contain instructions on how to file a lawsuit in the federal court.