A denial of Social Security disability benefits is common and is not the end. The Social Security Administration (SSA) has a four-level appeal process, and strict deadlines apply at each level.
The four levels
- Reconsideration: a new review of your claim by a different examiner.
- Hearing: a hearing before an administrative law judge, where you can explain your limits and present evidence.
- Appeals Council review: a review of the judge's decision.
- Federal court: a lawsuit in U.S. district court.
Deadlines
You generally have 60 days from the date you receive a decision to appeal, and SSA presumes you received it five days after the date on the notice. Missing the deadline can force you to start over, although you can sometimes show good cause for a late appeal.
Building a stronger case
- Keep seeing your doctors and following treatment.
- Ask providers for detailed statements about your limits on work activities.
- Submit new medical evidence at each stage.
- Keep a record of how your condition affects daily life and work.
- Respond promptly to every SSA request.
Attorney fees
Many disability lawyers work on contingency, and federal rules require SSA to approve fees, which are a percentage of past-due benefits subject to a cap. You generally pay nothing up front. Ask for the fee arrangement in writing.
Frequently asked questions
Can I reapply instead of appealing?
Sometimes, but an appeal keeps your original filing date and may protect back benefits. Ask an advocate which approach suits your situation.
How long does the process take?
It can take many months or years across the levels, depending on your area and the backlog.