How to appeal an SSDI denial

On Behalf of | Jul 8, 2020 | Social Security Disability |

You have the right to appeal if you receive a denial when you apply for Social Security disability income. Many individuals who initially do not receive benefits are able to receive approval in an appeal.

If you face this situation, follow this process to request that the Social Security Administration appeal your case.

Reconsideration request

If you receive a denial letter, it will contain information about the reason for denial of benefits. The SSA can deny your claim for medical reasons or because of your assets, income or living situation. You have 60 days after receiving this letter to request reconsideration on the SSA website. With reconsideration, a new representative without previous involvement in your case will review your application as well as any new evidence you submit with your reconsideration request.

Hearing request

If you receive a denial even after your application receives reconsideration, the next step is an administrative judge hearing. You can request this session online and it will take place within 75 miles of your residence. You and your attorney can present evidence to support your SSDI case, including both previously submitted and new documentation.

Appeals Council review

You can request an Appeals Council review if the administrative law judge also denies your application. However, before granting this review, the council must determine that the judge did not follow federal SSDI regulations when denying your benefits claim.

Civil lawsuit

If you remain unsatisfied after an Appeals Council review, you have the right to file a federal district court appeal. The judge in your local court will make a legally binding final decision about your SSDI application. You must file this type of lawsuit within 60 days of a denial from the Appeals Council.

Detailed documentation of your medical condition and the ways in which symptoms prevent you from working will support your claim for SSDI. In addition to your right to appeal, you have the legal right to attorney representation throughout this four-stage appeals process.

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