How to Start a Social Security Disability Appeal

If your application for Social Security disability benefits has been denied, you can go through several appeals processes in order to continue seeking benefits based on your medical condition(s).  You can complete the requisite appeals forms online through the Social Security Administration (SSA)’s website, or you can complete these forms in person at your local SSA office.  Additionally, you can also request a face-to-face review of your claim for benefits.

Steps to the Social Security Disability Appeals Process

There are four potential levels of appeal with regard to the SSA’s denial of your claim for Social Security disability benefits:

1. Reconsideration – You initiate this level of review by completing a Request for Reconsideration and an Appeal Disability Report, which will be considered by your state’s Disability Determination Services office.
2. Hearing – You start this level of appeal by completing a Request for Hearing by Administrative Law Judge and an Appeal Disability Report.  The Office of Disability Adjudication and Review will review your case, and you can have a face-to-face meeting with the judge if you choose.
3. Appeals Council Review – In order to commence this level of appeal, you must complete a Request for Review of Decision/Order of Administrative Law Judge form, which sends your case to the Office of Disability Adjudication and Review for further review.
4. District Court case – This level of appeal involves filing a lawsuit in your local U.S. District Court for review of disability claim.  Due to the complexity involved at this level of appeal, you should have an attorney to assist you with the lawsuit.

Whenever the SSA denies or approves your claim for benefits, or an appeal from any denial of benefits, you will receive notice of the SSA’s decision in writing.  This written notice also will advise you of your right to further appeal the SSA’s decision as to your benefits, and may set forth the timeframe in which you have to appeal. 

Evidence Considered on Appeal

When you request an appeal of the denial of your disability benefits by the SSA, you must submit any new evidence that you have about your medical condition(s), including medical records, test results, doctors’ notes, and other similar documentation.  When the SSA reviews your case on appeal, it will consider not only the old medical evidence in support of your disabling medical condition(s) that you previously submitted, but also any new evidence that you have to offer.  To that end, you may need to sign more or new medical information releases so that SSA can obtain any new medical records or other information from any of your doctors. 

Get Legal Help for your Social Security Disability Appeal

If you have been denied Social Security disability benefits, you should strongly consider hiring an attorney for assistance.  An attorney who is experienced in Social Security disability appeals and proceedings can advise you of the best route to success with respect to your claim for Social Security disability benefits.