Navigating the Social Security Disability Appeal Process: A Step-by-Step Overview
When an application for Social Security Disability Insurance (SSDISocial Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability.) or Supplemental Security Income (SSISSI stands for Supplemental Security Income. Social Security administers this program. We pay monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI.) is denied, it can be a frustrating experience. However, a denial does not mean the end of the road. The Social Security Administration (SSAThe Social Security Administration (SSA) is a U.S. government agency that administers social programs covering disability, retirement, and survivors' benefits. It was created in 1935 by President Franklin D. Roosevelt.) provides a multi-step appeals process that allows claimants to challenge unfavorable decisions. Understanding each phase is essential to protecting your rights and improving your chances of an approval.
The video “What Are the Appeal Steps?” from Social Security Disability attorney Andrew Kinney from Hoglund Law Offices provides a clear, concise overview of the four main stages in the Social Security disability appeal process: Application, Reconsideration, Administrative Law Judge (ALJ) Hearing, and Appeals Council Review.
1. Application
If you can work part-time or less due to medical issues that might last a year or more, and if either you have stopped working or your monthly earnings low enough, you can apply for Social Security Disability Insurance benefits and Supplemental Security Income (SSI) benefits. Applying online on your own or with the help of a law firm is usually the easiest way to apply. Apply for both Disability Insurance and SSI benefits. Social Security will evaluate which benefits you can apply for.
You can apply for Disability Insurance benefits based on your work history. You can apply for SSI benefits based on your financial need. While the application is pending, there are forms to complete about your medical conditions, treatment, your past work, and your functioning at home. During this process, you or your lawyers should submit qny signed and dated opinion letters from any of your providers about your medical limitations. (Social Security very rarely requests medical opinions from your providers.)
Medical consultants contracting with Social Security in each state will decide whether you are disabled. This decision usually takes 6 months or sometimes substantially longer—depending on where you live. If you are terminally ill, please make sure Social Security is aware of this in your application.
2. Reconsideration
If your application is denied at the initial level, you will get a letter informing you about the next appeal step. You would file a Request for Reconsideration. This request must typically be filed within 60 days of receiving the denial notice. During this stage, different state agency medical consultants will review your claim. While most decisions at this level are denied again, you must request Reconsideration to keep your claim going.
3. Administrative Law Judge (ALJ) Hearing
If the claim is denied at the reconsideration level, the next step is to request a Hearing before an Administrative Law Judge within 60 days. Your denial letter will explain how. This hearing is a critical opportunity for you to present your case directly. Unlike earlier stages, your judge will speak directly with you. You should plan to update your medical treatment evidence after your hearing date is scheduled.
You may also have help from a lawyer for your hearing. Your lawyer should update your medical treatment evidence for you, prepare you for your hearing, appear with you at your hearing, do an opening statement, ask you questions, cross-examine expert witnesses, and give a closing argument. Your judge will make a new decision about your disability. It will come in the mail.
4. Appeals Council Review
If the ALJ denies you, you may choose to request a review by the Social Security Appeals Council within 60 days. Your hearing denial will explain this process. The Appeals Council reviews your judge’s decision to determine whether it was supported by substantial evidence and whether proper legal procedures were followed. The Appeals Council can be very slow. Expect 6 months to a year or more or more for a decision. While this appeal is pending, new evidence is only considered under certain circumstances.
The Appeals Council may remand (send back) your Social Security case for a new hearing. Most often, however, it declines review. If you get a denial from the Appeals Council, instructions about a possible appeal to the federal district court within 60 days is included with the denial letter.
Wherever you live, if you’d like our legal team to represent you in your Social Security benefits claim, please contact our Hoglund Law Offices national headquarters at 888-373-8806.
