Next Steps after Your Social Security Disability Claim Is Denied

Ron recently posted a comment asking what you can do when your Social Security Disability Income (SSDI) claim is denied. I've been meaning to write more about the SSDI process, and here's Ron prompting me along.

Ron, what you can do next can be summed up in one word: Appeal. You need to appeal their denial of your claim. Depending on where you are in the SSDI process, you might need to pursue one or more of these appeal steps (listed in order). The SDDI process includes (1) initial application, (2) reconsideration (first appeal), (3) hearing (second appeal), and (4) Appeals Council (third appeal). If you are at step #1 (you submitted your application, and now, months later, they have denied your claim), your next step is #2, reconsideration. And if reconsideration results in a continued denial, you would pursue step #3, an in-person hearing. If you are still rejected at step #3, there is an option to appeal your claim to an Appeals Council (step #4). 

Allsup.com's SSDI Process web page explains in greater detail how the process works. And it gives some alarming statistics... 64% of claims are denied at step #1 (initial application). 86% of claims are denied at step #2 (reconsideration). 37% are denied at step #3 (hearing). 67% are denied at step #4 (appeals council). The Social Security online publication "The Appeals Process" also has lots of useful information. 

It is important that if you are denied anywhere along the way, you move to the next step (reconsideration, hearing, or appeals council) QUICKLY. You have 60 calendar days from the date of your denial to file the appropriate form to start appealing the denial. For a reconsideration, the HCV Advocate's "Reconsideration of a Social Security Denial" page includes lots of helpful information about what paperwork to complete, and how to go above and beyond to maximize the chances that your reconsidered claim will be approved. 

To actually initiate an appeal, fill out the online form at www.socialsecurity.gov/disability/appeal.  If you don't want to file for an appeal online, there are other ways to notify the Social Security Agency of your wish for an appeal. These web addresses work for any level of appeal - reconsideration, hearing, appeals council, etc. 

If you feel like you need help winning an appeal (and who doesn't? The sheer volume of paperwork involved is enough to make any chronically ill person give up in despair), you may wish to hire a disability attorney or other representative to manage the appeal process for you, file forms and send medical records, stand with you at your appeals hearing (if you reach that stage), etc. Of course, this kind of help is going to cost you. According to the Social Security Administration's Fee Agreements web page, no attorney (or other representative) can charge for their services more than the lesser of 25 percent of the past-due benefits you are owed or $5,300. 

Finding a good disability lawyer can be tricky... You generally want a firm that has experience with SSDI representation, not your local guy around the corner who does wills. You could start by searching your local phone book or doing a Google search, or keep an eye on TV commercials (usually during morning TV shows) for ads from law firms like Bender and Bender. A better way might be to hunt for disability organizations in your state and ask them for information about local disability attorneys. You could, for example, research whether your state has a "Disability Law Center" or similar organization. You could also try contacting your state's department or office on disability to request information. And Disabilityresources.org offers state-by-state listings of disability-related agencies, government departments, and organizations. 

Comments

[Gordon Gates]

Nice post! While a disability claimant has 60 days to appeal a denial, there is no reason to wait that long. Appeal the denial right away! Also, each denial comes with an explanation of why the claim was denied. This explanation tells you how Social Security evaluated your claim. A disability lawyer can look at that explanation, your medical records and your work history to make a plan to develop new evidence which should get your claim granted.