Step 1: Understand the Reasons for Denial

The first step in appealing a Social Security denial is to carefully review the denial notice. The Social Security Administration (SSA) will explain why your claim was denied, and understanding the specific reasons will help you focus on what needs to be addressed during the appeal.

Some common reasons for denial include:

• Insufficient medical evidence: The SSA may have determined that your condition doesn’t meet its definition of disability.
• Failure to meet work credit requirements (for SSDI)
• Income or asset limits exceeded (for SSI)
• Failure to follow prescribed treatment

Step 2: File the Appeal on Time

Once you’ve reviewed your denial notice, you must act quickly. You have 60 days from the date of the notice to file an appeal. Missing this deadline can lead to your claim being permanently closed, so it’s essential to start the process promptly.

There are four levels in the Social Security disability appeals process:

1. Reconsideration
2. Hearing by an Administrative Law Judge (ALJ)
3. Appeals Council Review
4. Federal Court Review

Step 3: Request Reconsideration

The first step in the appeal process is to request Reconsideration, where the SSA reviews your claim again, taking into account the original evidence as well as any new evidence you provide.

• You will be asked to fill out a Request for Reconsideration form, available at ssa.gov.
• The SSA will re-evaluate your case, considering the medical records, work history, and other evidence.

While you wait for the reconsideration decision, ensure your medical records are up to date and comprehensive.

Step 4: Request a Hearing Before an Administrative Law Judge (ALJ)

If your reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). This is an important step in the appeal process, as the ALJ will review your case in person and consider new evidence that was not included in the original application.

• Prepare your case: Gather additional medical records, letters from your doctor, and any other evidence that may strengthen your claim.
• Representation: At this stage, it’s highly recommended to have a disability lawyer to help you navigate the hearing process.

Step 5: Appeal to the Appeals Council

If the ALJ denies your claim, you can ask the Appeals Council to review the decision. The Appeals Council will determine if the ALJ made any legal errors or if important evidence was overlooked.

The Council may:

• Approve your claim
• Send it back to the ALJ for a new hearing
• Deny your request for review (if they agree with the ALJ’s decision)

Step 6: Federal Court Review

If the Appeals Council denies your case or you disagree with their decision, you may appeal to the Federal Court. This is the final step in the appeals process, and it involves filing a lawsuit in federal district court.