How to Appeal a Denial of Social Security Benefits

Living with a disability is hard enough, as you’re already facing daily challenges that affect your health, your independence, and your peace of mind. When your Social Security benefits get denied, it can feel as though the weight of the world is on your shoulders.

The stress, uncertainty, and financial strain can quickly become unbearable, adding crushing weight to an already difficult situation. Being denied Social Security benefits often feels like the system meant to protect and support you has turned its back, leaving you isolated and overwhelmed. The frustration of repeated denials, unclear reasons, and endless paperwork can lead to feelings of helplessness, anxiety, and despair.

At Montagna Law, our Social Security disability lawyers are here for you, whether you are filing an initial claim or appealing a denial of Social Security disability. We understand what you are going through, and we’re ready to stand by your side, guiding you through the appeals process and fighting to get you the benefits you deserve. You deserve someone who cares about your case as much as you do, and that’s precisely what we offer.

Why Work With Montagna Law

The application process for Social Security disability seems simple, but it is complex in that the SSA denies a good portion of claims. When it’s time to appeal the denial of SSDI benefits, an experienced attorney can help meet deadlines, understand the denial, and help prepare for the reconsideration documentation and potential subsequent hearings.

Testimonials

“When I found applying for disability very intimidating with ALL this paperwork, forms, doctors etc. I called and immediately they got everything started immediately! Katie was the most thoughtful, patient and understanding person to handle my case. She has a special way about her. If you ever find yourself worrying about filing for disability, do not hesitate to call. You’ll be in great hands!!!” — Tina C.

“From James Dickinson . Ms Jones is very hardworking,driven and strives to meet and accomplish directive. She was positive, genuine and incredible at her profession. I would recommend anyone trying for benefits to contact her. Though at times it seemed daunting she reassured and pressed on to get the benefits approved. Keep in mind nothing stops her from getting the best outcome. Thanks Ms Jones for everything. Job well done and I am very appreciative.” — Anastatia M.

Can You Appeal a Social Security Disability Denial?

Every person has the right to appeal a denial of Social Security disability benefits. Before filing your appeal, review the denial notice for appeal instructions and deadlines. Also, make sure you understand the reason for the denial. An experienced Social Security disability lawyer can explain the law to you and help you understand why Social Security denied your claim.

What Is the Appeal Process for Social Security Disability?

Social Security has four primary levels of appeals. If you have not retained an attorney, now is the time.

Request for Reconsideration

This initial stage involves a different evaluator reviewing the entire case, including any new medical evidence you may have submitted. You must file the appeal within 60 days of the initial denial. The administration reviews the paperwork without an in-person hearing. If the paperwork is not correct, you risk another denial.

Hearing by an Administrative Law Judge

If the Social Security Administration denies the reconsideration, you can request a hearing before an administrative law judge (ALJ). This hearing provides an opportunity for you to present your case in person, including new medical records and witness testimony. The ALJ conducts an independent review and makes a new decision based on the evidence.

Appeals Council Review

Should the ALJ deny the claim, you can request a review by the Social Security Appeals Council, which examines the ALJ’s decision for legal or procedural errors. It can affirm, reverse, or remand the case for further review. If the council upholds the denial, you can proceed to the final appeal stage.

Federal Court Review

The final appeal level involves filing a lawsuit in the federal district court. This step typically requires legal representation. The court reviews the case and may hold a hearing before issuing a final decision.

Appealing a Denial vs. Reapplying for Disability Benefits

Appealing a denial of Social Security Disability benefits is generally more advantageous than reapplying for benefits. The appeals process offers a higher likelihood of approval, especially at the hearing level before an administrative law judge, where claimants can present new evidence and testify in person.

Appealing also preserves the original application date, which is crucial for receiving retroactive benefits and back pay.

In contrast, reapplying resets the filing date, potentially reducing or eliminating these payments.

Appeals also provide a fresh review by different evaluators, increasing the chances of a favorable decision. However, reapplying may be necessary if you missed the 60-day appeal deadline, experience a significant change in your medical condition, or exhaust all appeal options.

Overall, appealing ensures a more thorough review and better protection of your rights, making it the preferred course of action in most cases.

Tips on Winning Your Social Security Disability Appeal

If you are eligible for Social Security disability benefits, and the administration denies your claim, you can file an appeal. However, appeals take time. You can minimize the time by taking the following steps.

File the Appeal on Time

You must file the appeal within 60 days of receiving the denial notice. Missing this deadline usually means starting over, which can significantly delay benefits.

Understand the Reason for Denial

Always review the denial letter carefully to identify why the Social Security Administration denied your claim. Understanding the reason helps you gather targeted evidence to address those specific issues.

Gather Strong Medical Evidence

It is imperative that you provide detailed, up-to-date medical records that document the diagnosis, treatments, and how the disability limits daily activities and work ability. Include diagnostic tests, treatment history, and doctors’ statements explaining the severity and impact of the condition.

Get a Supporting Doctor’s Opinion

A detailed opinion from a treating physician can significantly strengthen the appeal. The doctor should clearly describe the functional limitations and why the claimant cannot work.

File the Proper Paperwork

Submit all required forms correctly, such as the Request for Reconsideration (Form SSA-561) and any disability reports or authorizations the Social Security Administration needs to make an informed decision.

Write an Appeal Letter

The Request for Reconsideration form provides only limited space to explain why you disagree with the Social Security Administration’s decision, which may not be enough to detail the reasons for the appeal. You can write a separate appeal letter to accompany Form SSA-561.

The letter should clearly describe the medical condition, explain how it prevents you from performing current job duties and other work, and address why the SSA’s denial was incorrect. It is imperative that the letter honestly convey the severity of the condition and its impact on daily life.

Hire an Experienced Social Security Disability Attorney

Legal representation improves the chances of success by ensuring you meet all deadlines, properly gather and present evidence, and are well-prepared for hearings.

How Long Does It Take to Get a Decision After Appealing a Social Security Disability Denial?

The average time to obtain a decision after appealing a Social Security Disability denial is about 15 months from the date you file the appeal. The appeal process typically involves several stages, each with its own timeline.

If the appeal starts with a reconsideration, the average wait time for a decision is around seven months. If the SSA denies your claim again, the next step is usually a hearing before an administrative law judge, and he wait for a hearing averages about 8.8 months, though this varies significantly by state and local SSA office. It could be as little as six months to receive the judge’s decision.

While the process can be lengthy, having a disability lawyer can increase the chances of winning and may help navigate the process more efficiently.

How Can a Social Security Disability Lawyer Help Me With the Appeal Process?

A Social Security disability lawyer provides vital support throughout the appeals process by preparing and presenting your claim in a clear and compelling manner. They assist in gathering and organizing all relevant medical evidence, helping you avoid missing important documentation. The lawyer also tracks and meets all deadlines, communicates with your doctors to obtain detailed medical opinions, and explains how your condition limits your ability to work. When preparing for a hearing before an administrative law judge (ALJ), they guide you through the process, explain what to expect, and help you respond effectively to questions. With in-depth knowledge of the system’s complex rules and procedures, they handle all necessary filings and, if needed, can request a review by the Appeals Council or file a federal lawsuit if your claim is denied.

Act Fast, Appeal Deadlines Are Strict

If you received a denial for your disability claim, do not wait until the last minute. Contact us by calling 757-622-8100 or filling out our online contact form as soon as possible, as it takes some time to obtain the additional documentation the SSA requires.