What to Do if Your Disability Claim is Denied

Whether you have applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, it is possible that the Social Security Administration (SSA) will deny your claim for benefits.  Fortunately, there is a simple process that you can follow in order to appeal, or ask for another review, of the denial of your application for Social Security benefits. 

Appealing the Denial of Disability Benefits

There are three steps that you must follow in order to appeal the denial of disability benefits, as follows:

• Complete an Appeal Request form
• Complete an Appeal Disability Report
• Complete an Authorization to Disclose Information to SSA form

All of these forms are available online at www.ssa.gov, or you can print the forms and mail them into your local SSA office.  You also can appeal by calling the SSA at 1-800-772-1213, or by visiting your local SSA office. 

How the SSA Processes Your Appeal

Once you have completed all of the necessary appeals forms, the SSA will forward your application to the office that makes decisions about people’s disability claims.  They will review your forms and request any new medical records from your doctors that were not previously considered, as well as your old medical records.  Once that office makes a decision on your case, you will receive a written decision. 

Different Levels of Appealing Denied Claims

There are four different levels of appeals that you can use if the SSA denies your claim for disability benefits.  Your first level of appeal is referred to as reconsideration, which is processed by the State Disability Determination Office.  If SSA still denies your claim at the reconsideration level, you can request a hearing before an administrative law judge. 

If the administrative law judge also denies your claim for disability benefits, you can request that your case be sent for an appeals council review.  In response to your request, SSA will send your case to the Office of Disability Adjudication and Review, which may take several months to review your case.  If the appeals council review still results in a denial of your clam for benefits, you then can file a lawsuit with the U.S. District Court challenging the denial of your claim. 

Retaining a Lawyer for Help with a Denied Claim

A lawyer can be an essential tool in filing an appeal of a denied claim for disability benefits at any level.  For the best results, you should be sure to contact an experienced disability lawyer for assistance.