If Social Security Disability denied your initial application, do not give up. A denial does not necessarily mean you cannot receive benefits. You generally have the right to appeal the decision. You should act quickly because Social Security usually gives you 60 days (plus five for mailing) from the date of the denial letter to request the next level of appeal. Depending on where you are in the process, you may request reconsideration, ask for a hearing before an Administrative Law Judge, request Appeals Council review, or seek review in federal court.
The Code of Federal Regulations § 404.1505 definesdisability as,“the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”
When Social Security Disability denies your claim, the first thing you should do is read your denial notice carefully. The notice should explain why your claim was denied and provide information about your appeal rights.
Do not assume that the decision is final.
Social Security has an appeals process for people who disagree with a decision. The process generally includes four levels:
The most important step is to avoid waiting too long. You generally have 60 days after receiving a Social Security decision to request an appeal. Social Security generally assumes you received the notice five days after the date on the notice unless you can show that you received it later.
If Social Security Disability denied your initial application, you generally have 60 days after receiving the decision to request reconsideration.
If your reconsideration is denied, you generally have another 60 days after receiving that decision to request a hearing before an Administrative Law Judge.
These deadlines are extremely important. If you miss an appeal deadline, you may lose the opportunity to continue your claim. In some circumstances, Social Security may allow additional time if you have a good cause for missing the deadline.
Because deadlines can affect your legal rights, it is wise to act as soon as you receive a denial.
If Social Security Disability denied your claim for medical reasons, the first step is generally to request reconsideration.
Reconsideration is a new review of your claim. A Disability Determination Services examiner will review your original application and the information submitted with your appeal. You may also provide additional evidence.
You can request reconsideration online or by phone. Sometimes you can make an appointment with your local SSA office to file the appeal. However, the SSA procedures can change, so verify before filing.
If your claim is denied again, you may move to the next stage of the appeals process: a hearing before an Administrative Law Judge.
Reconsideration gives you an opportunity to ask Social Security to take another look at its decision.
This can be especially important if your original application did not include all of your medical records or did not fully explain how your medical conditions affect your ability to work.
Additional medical evidence may help provide a clearer picture of your condition.
For example, your records may show:
The evidence should explain your limitations rather than simply state that you have a medical condition.
If Social Security Disability denied your claim again after reconsideration, you may be able to request a hearing before an Administrative Law Judge.
At a hearing, the judge reviews the evidence in your case and may ask questions about your medical condition, symptoms, treatment, work history, and ability to perform daily activities. Medical experts or vocational experts may also be involved in some cases.
A hearing can be an important opportunity to explain how your condition affects your ability to work.
You generally must request the hearing within 60 days (plus five for mailing) from the date of the denied reconsideration notice.
When Social Security Disability denied your claim, one of the most important questions is whether Social Security had enough evidence to understand your medical condition and functional limitations.
Medical records can be particularly important. These may include records from doctors, hospitals, specialists, therapists, and other healthcare providers.
It is also important to explain what your condition prevents you from doing.
For example, someone with severe back problems may be unable to stand, walk, lift, bend, or sit for extended periods. Someone with a mental health condition may have difficulty concentrating, remembering instructions, interacting with others, or maintaining a regular work schedule.
The strongest disability claims generally connect the medical evidence to specific limitations that affect the person’s ability to work.
A Social Security Disability hearing is not the same as a traditional courtroom trial.
An Administrative Law Judge will review your case and ask questions. You may have an attorney or other representative with you. The judge may ask about your medical conditions, treatment, work history, daily activities, and limitations.
Typically, a vocational expert will testify about your prior work and other jobs you may be able to do or not do. Occasionally, a medical expert may also provide testimony.
Preparing for a hearing is important. You should understand the evidence in your file and be prepared to explain honestly and clearly how your medical conditions affect your ability to work.
You are not required to have a lawyer to appeal a Social Security Disability claim. However, having an attorney can help you understand the reason for the denial, identify issues with the claim, gather supporting evidence, and prepare for later stages of the appeals process.
If Social Security Disability denied your claim, an attorney can also help determine what should be addressed in your appeal.
Every disability case is different. The reason for the denial, your medical history, your work history, and the evidence in your file can all affect how your case should be handled.
You should consider speaking with a Social Security Disability lawyer as soon as possible after receiving a reconsideration denial, particularly if you are unsure why you were denied or what you need to do next.
Do not wait until the appeal deadline is approaching.
An attorney can review your denial notice and discuss the next step in the appeals process. If your claim has already progressed beyond reconsideration, an attorney may also help prepare you for an Administrative Law Judge hearing.
If Social Security Disability denied your claim after an ALJ hearing, you have the right to request review by the Appeals Council.
The Appeals Council can review the judge’s decision and may deny the request, issue a decision, or send the case back to the Administrative Law Judge for further action. You generally have 60 days after receiving the hearing decision to request Appeals Council review.
If the Appeals Council does not resolve the case in your favor, Federal court review may be another option.
If Social Security Disability denied your claim, you do not have to navigate the appeals process alone. Attorney David L. Hood represents clients in Social Security Disability matters throughout South Carolina.
Our firm has represented injured and disabled clients for more than 35 years. The Law Offices of David L. Hood has also received recognition including America’s Top 100 Personal Injury Attorneys, America’s Top 100 Medical Malpractice Litigators, and recognition among the Nation’s Top One Percent by the National Association of Distinguished Counsel. The Law Offices of David L. Hood has also earned more than 108 verified five-star client reviews, reflecting our commitment to exceptional client service.
If you have received a Social Security Disability denial, contacting an attorney promptly can help you understand your options and protect important appeal deadlines. The Law Offices of David L. Hood offers consultations and handles qualifying cases on a contingency fee basis. This means we don’t get paid unless you are approved for Social Security Disability.
Yes. A denial is generally not the end of the process. You may have the right to request reconsideration or a hearing, and, if necessary, continue through additional levels of appeal.
You generally have 60 days (plus five for mailing) after the date of the denial notice from Social Security to request the next level of appeal.
If your initial application and reconsideration are both denied, you may generally request a hearing before an Administrative Law Judge.
Yes. An attorney can review the reason for the denial, help identify additional evidence, prepare an appeal, and represent you during later stages of the appeals process.
Probably not. Appeal deadlines are key, and you should not allow the deadline to pass while waiting to find an attorney. You can begin the appeal process and seek legal assistance at the same time.
If Social Security Disability denied your claim, take action right away. Knowing why your claim was denied and what to do next can make an important difference in your case.
The Law Offices of David L. Hood represents clients throughout South Carolina. Contact our office to discuss your Social Security Disability claim and learn about your legal options.
You can reach us at any of our 18 statewide locations, by phone, text, chat, or email. Remember, there are deadlines, so act now!
