How To Appeal an SSDI Case

If you have been denied Social Security Disability Insurance (SSDI) benefits, you have the right to appeal that decision and the Social Security Administration has mechanisms in place for you to do so easily. Keep in mind the the process of submitting a claim and then perhaps needing to appeal a decision you don't agree with is not intended to be adversarial.

• It may be helpful to you to think about your denial in terms of having an opportunity to restate your case, and supply new information for consideration.

Who Is Eligible for SSDI?

People who have contributed to the Social Security system through taxes they paid on their wages can be eligible. Social Security has a table that tells them how long and how recently you needed to have worked before your injury in order to be eligible to collect benefits. This test of eligibility happens before any determination about the medical aspects of your claim.

To be considered disabled you need to have a medical condition that is so severe you cannot work, and that is expected to last at least 12 months or result in your death.

• You may be denied for medical or non-medical reasons.
• If you are denied for medical reasons, you may file an appeal on line, by mail or by submitting forms in person at your local Social Security office.

• If you are denied for non-medical reasons, you or your representative will need to contact Social Security directly before beginning an appeals process.

Filing An Appeal

If you have received a "Notice of Disapproved Claim" you have the right to request an appeal. The first level of appeal that is available to you is called a Reconsideration. When your claim goes through a Reconsideration, your file is transferred to a disability claims examiner who was not involved in your initial denial.

• You can file an appeal yourself using forms that you obtain from Social Security
• The forms can be filled out and submitted over the Internet, or you can hand write the information and either mail them to Social Security (folded in thirds in a legal sized envelope) or fill out the forms in person at a local office
• If you did not use an attorney to complete your initial application, you may choose to retain one now to help you file the appeal and make sure all of the necessary information is included

The "Notice of Disapproved Claim" that you received will have instructions about how to begin the appeals process. You will be completing several different forms, including:

• Appeal Request Form (different forms depending on the appeal level you are at)
• Appeal Disability Report
• Authorization to Disclose Information

You will be asked to provide new information regarding the severity of your condition from your doctor, hospital or clinic. Any additional treatments, medications, or diagnostic tests will be of interest as your case is reviewed.

Get Legal Help

Receiving an approval from Social Security regarding disability is often something that is as important as a lifeline to a disabled person. The process may seem overwhelming and it will last for several months at best, sometimes even longer than a year or more. At this time when your focus needs to be on your health, you should hire an attorney who specializes in social security disability to assist you. You deserve the benefits you are entitled to.