How to Appeal Disability Decision With New Information

The very best way to appeal a denial of disability benefits is with new medical evidence documenting the existence and severity level of the condition!  Most applications for benefits based on a disabling medical condition are turned down because the medical evidence submitted with the application either:

1. failed to comprehensively establish the existence of the diagnosed medical condition causing the disability and/or;
2. the diagnosis of the condition was sufficient but the specific condition did not produce disabling affects on the applicant’s ability to be gainfully employed that were judged to be of a severe enough nature to be approved for benefits, or;
3. if a child, severe enough to interfere with his ability to perform daily tasks at a level commensurate with non-disable children his same age. 

New medical documentation and information that can adequately address one or both of these possible medical information shortcomings is the best way to successfully appeal a denial of an application for benefits.

Requesting Reconsideration and Appeal

Once the applicant has received formal notice that his Social Security administration program application for disability benefits has been denied he will have just sixty days from the date on the notice to file a written request for reconsideration of the claim.  There is a special form for this purpose that is available as local Social Security offices or on line and it can be submitted in person or by mail.  This is the point where the applicant would be able submit the new medical evidence that he has obtained documenting the existence and severity of the condition in causing a disability that profoundly impairs an ability to engage in gainful employment or, if a child, to perform daily tasks as non-disabled children.  The Disability Determination Service will review the new evidence and re-evaluate the claim based on it.  If the reconsideration of the claim results in another denial the claim can be appealed to the Board of Appeals in a hearing before an administrative law judge.

Getting Legal Help

If you or a member of your family has received a notice of denial of an application for disability benefits with a Social Security administration program and would like to appeal that denial of benefits it is important to contact a disability lawyer and to discuss the circumstances of the medical condition and the disability in order to access helpful guidance in filing for a reconsideration of the claim and if necessary an appeal before an administrative law judge.