How Do I Appeal a Denial of My Social Security Disability Claim?

The Social Security Administration (SSA) reviews applications for disability benefits under SSI and SSDI. SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) provide benefits for disabled individuals in the United States. Denials of Social Security disability claims are common. An Arizona disability benefits attorney can help you appeal your denial of disability benefits to help you secure the disability income you need to provide for yourself and your family.

Appealing Social Security Disability Claims

An SSDI or SSI claim can be denied for many reasons. Both programs have certain requirements for eligibility, including income restrictions, work history, and medical requirements.

You can request a reconsideration of a denial of your original application for Social Security disability benefits. Generally, you have 60 days to request reconsideration after you receive a notice of the denial of disability benefits.

During a reconsideration, another individual with the SSA reviews your complete claim. The person looks at all evidence submitted during the review of the original application and any information you provide when you request the reconsideration. If the claim is approved, you may receive back pay for benefits from the date of disability through the date of approval of your Social Security disability claim.

Appealing a Denial After Reconsideration

There are three additional levels of appeal after a request for reconsideration. Your next step is to request a hearing before an Administrative Law Judge. At this level of appeal, an actual judge hears your case and makes a decision regarding your SSDI or SSI benefits.

Appealing to an Administrative Law Judge involves appearing at a hearing. You are not required to appear at the hearing, but it is strongly recommended. Hearings are typically held within 75 miles of your home. It is also helpful to retain a Social Security disability attorney if you have not done so at this time. An attorney understands the hearing process and how to present the case to the judge. Witnesses, including your doctors and others, may appear at the hearing to testify as to your disability.

If the Administrative Law Judge denies your disability claim, the third level of appeal is before the Appeals Council. The Appeals Council could deny your request for review if it believes that the evidence, laws, and regulations support the Administrative Law Judge’s decision. If the Appeals Council denies your appeal, your final option is to file a lawsuit in federal district court. You will want to seek advice from an attorney before proceeding with a civil lawsuit in federal court.

Contact an Arizona Disability Benefits Attorney for Help

The time to appeal a Social Security disability claim is limited. If you do not file your appeal before the deadline, you must start the process from the beginning if you wish to pursue disability benefits.

Before beginning the disability claims process, you may want to talk to our Arizona disability benefits attorney about Social Security disability benefits. Contact us today.  We can help you file your initial claim and take care of any issues and problems that might arise during your case, including filing appeals if your Social Security disability claim is denied.