We Help Clients Nationwide Navigate the Social Security Disability Appeals Process and Fight for Benefits
If the Social Security Administration (SSA) denied your claim for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), you’re not alone. The agency’s Disability Determination Services (DDS) division denies nearly 70 percent of applicants in the first part of its five-step sequential evaluation process.
Receiving a denial letter can be a disappointing and frustrating setback, especially when you can’t work and are counting on SSI or SSDI benefits to make ends meet. Fortunately, this doesn’t have to be the end of the line for your Social Security disability claim.
Let Disability Services of America appeal your SSI or SSDI denial and advocate for the disability benefits you deserve. We provide thorough guidance and support for every stage of the appeal process. Here’s what you should know about the Social Security disability appeals process and how we help clients maneuver through it successfully.
An Overview of SSD Appeals
Social Security disability denials are common. Thankfully, the Social Security Administration (SSA) gives applicants four opportunities to appeal an unfavorable decision. Keep reading to learn about the various stages of the appeals process and what they entail.
1. Reconsideration
After receiving an SSI or SSDI denial, the first step is to contact the SSA to inform them that you disagree with the decision and submit a request for reconsideration. During reconsideration, a team of disability determination examiners not involved with the previous decision will assess your application with fresh eyes, putting it through the rigorous five-step sequential evaluation. They will also consider any newly included medical evidence. If the examiners find you disabled, the SSA awards you benefits and your appeal ends in success.
2. Administrative Law Judge Hearing
However, if the reconsideration decision doesn’t go your way, you can inform the SSA of your disagreement and move on to the second stage of appeal: a hearing before an administrative law judge (ALJ). The judge reviews your application and supporting evidence, any newly submitted medical evidence, and the disability examiners' reconsideration decision. You can opt to have a representative with you at the hearing, though you’re not required to bring one.
The ALJ typically won’t issue an immediate ruling. Instead, the court will mail you—and your representative, if you have one—a written copy of the judge’s decision. If the judge agrees that you have a severe medical impairment (MDI) that prevents substantial gainful activity (SGA), they’ll award you benefits in their ruling.
3. Appeals Council Review
Having an ALJ rule against awarding you SSI or SSDI benefits can be frustrating, but there are still additional opportunities for appeal. You can contact the SSA to tell them you disagree with the judge’s ruling and ask for the Appeals Council to review the hearing decision. Though the Appeals Council looks at all requests for review, it doesn’t review all requested cases. It may deny your request for a review if it’s confident that the ALJ made the appropriate ruling. For cases it chooses to review, the council can either decide the matter itself or send it back to an ALJ. If the Appeals Council rules in your favor, you can end your appeal process here.
4. Federal District Court Lawsuit
There’s one final opportunity for appeal if you don’t agree with the Appeals Council’s response. You can file a civil lawsuit with the nearest U.S. District Court. The judge reviews your entire case and decides based on the documents or schedule a date for oral arguments. Federal court appeals could conclude with the court awarding you SSI or SSDI benefits, sending your case back to Social Security for further review, or upholding the unfavorable verdict, ending the appeals process.
Appealing a Denial Versus Reapplying for Benefits
Getting denied for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) can make you feel like you’re right back at square one, which leads many people to wonder whether they should just reapply rather than appeal. However, there’s a good reason to brave the SSD appeals process instead of starting over with a new application.
When you initially contact the SSA, informing them of your intention to file for disability, it establishes a protective filing date for your claim. For SSI claims, it determines the date that your payments begin if you’re approved. For SSDI applicants, it impacts how much back pay you might receive. This is a type of retroactive payment SSDI claimants can receive for a period that they medically qualified for benefits, but were not yet approved.
Appealing an SSDI denial preserves your protected filing date, potentially allowing you to collect up to 12 months of back pay prior to that date if your claim is eventually approved. On the other hand, if you opt to reapply, the protective filing date resets, meaning you could miss out on much-needed back pay.
How We Can Handle Your Social Security Disability Appeal and Increase the Chances of a Positive Outcome
Disability Services of America is a Social Security Administration-approved Employment Network (EN) in Elmhurst, Illinois. We help clients nationwide explore their eligibility for Social Security disability, complete their applications, and fight for the benefits they deserve. Our experienced and empathetic team also handles appeals, guiding you through every stage of the process. Here’s what you should know.
Confirm Your Eligibility
The SSA manages two programs for people with disabilities that prevent engaging in substantial gainful activity (SGA): Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).
SSI is a needs-based program for people with low income and limited resources. SSDI, on the other hand, is a social insurance program for people who’ve worked in jobs that pay into Social Security. You might be eligible for SSDI if you:
- Aren’t engaging in SGA, earning above the SGA threshold, which was $2,590 for blind applicants and $1,550 for others.
- Have a medically determinable impairment that can be established with objective evidence from acceptable medical sources.
- Meet or equal a listing for a qualifying impairment in the SSA Blue Book.
- Cannot do any relevant past work.
- Can’t do any other work, according to the results of a residual functional capacity assessment.
Act Quickly After Receiving an SSD Denial
You only have 60 days from receiving your denial letter to initiate an appeal. Don’t get discouraged—get help. We’ll work with you to notify the SSA of your intent to appeal and meet crucial deadlines throughout the appeals process.
Let Us Review Your Claim
Our Social Security disability specialists evaluate your case and identify errors, missing evidence, or other factors that might have caused the disability determination examiners to deny your claim. We’ll also recommend ways to strengthen your case and increase your chances of approval.
Continue Your Medical Treatment
Consistent medical treatment and records are essential when applying for Social Security disability or appealing a denial. Continuing care protects your health, prevents concerning gaps in medical documentation, and creates additional evidence for the examiners and others to consider in your appeal. We can help you gather vital evidence.
Get Experienced Guidance for Every Stage of the SSD Appeals Process
Navigating an SSI or SSDI appeal is often difficult. The process isn’t intuitive and, after receiving a denial, pursuing Social Security disability benefits can feel even more daunting. Fortunately, you don’t have to do it alone. Disability Services of America helps clients across the country get the benefits they deserve.
Don’t Give Up—Get Help
Don’t let bureaucratic red tape and an intimidating application and appeals process stand between you and the Social Security disability benefits you deserve. Disability Services of America provides the same exceptional services whether you’re sitting in our office in Illinois—or on the other side of the country.