The Social Security Disability Insurance program provides monthly benefits to workers who can no longer work due to long-term disability. However, tight budgets and a mandate to be careful with taxpayer dollars mean that the Social Security Administration denies the majority of SSDI claims on initial review. Fortunately, applicants who have their SSDI claims denied can pursue an appeals process to overturn the denial of their claim—a process that involves the following steps.
Step 1: Request Reconsideration
The first stage of the appeals process for SSDI claims involves requesting reconsideration of an application. During reconsideration, a different claims examiner will conduct a fresh review of your SSDI application. You must request reconsideration of your SSDI claim within 60 days of the denial notice. When requesting reconsideration, you can submit updated medical records, treatment notes, and written statements from your doctors. You should not rely on your already-submitted application and supporting documentation for reconsideration, as the new claims examiner may reach the same conclusion as the initial examiner.
Step 2: Request a Hearing Before an Administrative Law Judge
Should the Social Security Administration uphold the denial of your SSDI claim on reconsideration, you can further appeal by requesting a hearing before an administrative law judge. You have 60 days after the denial of your application on reconsideration to request an administrative hearing. You can submit new and additional medical records, as well as other relevant documents, for the ALJ’s consideration.
At the hearing, the ALJ may hear testimony from you, your treating providers, and vocational experts. The ALJ may ask you about your daily activities and work history, ask you and your doctors about your symptoms, functional limitations, and treatment. Finally, the vocational experts will provide testimony regarding the kinds of work you can perform, if any, given the limitations caused by your medical condition(s).
Step 3: Request Appeals Council Review
Should the ALJ rule against you after a hearing, you can further appeal by requesting review from the Social Security Administration’s Appeals Council. The Appeals Council will review the administrative record to determine whether the ALJ made a procedural or legal error in their decision. The potential outcomes of an Appeals Council review include denial of review, approval of your SSDI claim, or remanding (returning) the case back to the ALJ for further consideration.
Step 4: File in Federal Court
After exhausting the administrative appeals process with the Social Security Administration, you may further challenge the denial of your SSDI claim by filing a lawsuit in federal district court. A civil action in federal court to appeal the denial of your SSDI claim must argue that the Social Security Administration made a legal or procedural error in denying your application.
How an Attorney Can Help with Your SSDI Appeal
A Social Security Disability attorney is a critical ally as you appeal a denied SSDI claim. First, they can help you gather any additional documentation you need to bolster your application during reconsideration or an administrative hearing. Your attorney can also prepare you on how to provide testimony and answer questions at the administrative hearing. Finally, a lawyer can also argue on your behalf at the hearing.
An SSDI attorney can advise you on your chances of success at each stage of the appeals process to help you decide whether to move forward. Most importantly, should your appeal reach federal court, having an attorney to advocate for you in litigation can help you present the most robust case.
Contact Our Firm Today
If you’ve received a denial notice after applying for SSDI benefits, you may still have an avenue to secure approval of your claim. Contact Wambach Disability Law today for a free, no-obligation consultation with an SSDI attorney in Evansville. We want to help you get the benefits you’re entitled to under the law and to make the process as easy for you as possible.