If your application for Social Security Disability Insurance benefits, or SSDI, has been rejected, don’t lose hope. You may still have a viable claim—as many as 70% of initial SSDI claims are denied.
The Rob Levine Law team is deeply experienced in handling SSDI claim appeals and understands how to turn denials into approvals. On this page, our attorneys discuss tips, strategies, and information that can help you win your Social Security Disability appeal. For a free consultation with our trusted team, contact us online today.
Why Did the SSA Reject My Social Security Disability Claim?
The Social Security Administration defines a qualifying disability as an ultimately fatal condition or a long-term one that prevents you from maintaining substantial gainful employment.
The most common reason the SSA rejects SSDI claims is insufficient medical evidence. If your application doesn’t include enough documentation to prove that your condition meets the SSA’s definition of a disability, the SSA will likely deny your claim. Failing to follow your prescribed medical treatments related to your condition can also result in a denial.
Additionally, claims are often rejected due to administrative errors, such as failing to include required personal information. Ensuring your application is thorough and free of minor mistakes can help you avoid unnecessary denials and get approved faster.
The Social Security Disability Appeal Process
You have 60 days after receiving a rejection letter to enter the Social Security appeal process. There are multiple potential steps, and the process can be lengthy, but it can often result in a successful claim and hiring an attorney may be necessary to secure the benefits you deserve.
Our team can help navigate your claim through every step of the process, including:
Step 1: Reconsideration
The first step of the SSDI appeal process is to request a reconsideration of your initial claim denial. During reconsideration, the same state-level agency that handled the evaluation of your application will have a different examiner review your claim.
Reconsideration usually doesn’t result in any changes to the initial determination, with about four out of every five decisions remaining the same. However, you must go through reconsideration before moving forward to other appeal options.
Tips to consider during reconsideration include:
- Make sure the SSA has all your up-to-date medical records.
- If you haven’t already, include a statement from your doctor discussing how your condition prevents you from working.
- Reconsideration often takes at least three to four months, but it can take up to eight months or more, so be prepared to wait for some time.
Step 2: Hearing by an Administrative Law Judge, or ALJ
If you don’t succeed through reconsideration, you should request a hearing with an Administrative Law Judge within 60 days. It can take 18 months or more to go through a hearing and receive the results, but claimants generally see the most success at this step of the SSD appeal process.
Once your hearing is scheduled, the SSA will notify you at least 75 days in advance. During your hearing, you’ll have the opportunity to testify about your condition and its impact on your life and to present medical evidence supporting your arguments. The ALJ will ask you questions about your condition and its impacts on your daily activities. They may also take testimony from a vocational expert to determine whether someone with your condition, background, and functional capacity can find and hold meaningful employment.
Step 3: Review by the Appeals Council
If you disagree with the ALJ’s ruling, you can request a review by the SSA’s Appeals Council, which is the last step of the internal appeal process. The Appeals Council will review the decision to determine whether the ALJ made any mistakes in judging your case.
The council can either approve your case, deny your appeal, or send your claim back to the ALJ for further review. However, this step can take six months to three years or more, with an average wait time of about a year.
Step 4: Federal Court Appeal
If all else fails, your last resort is to file a lawsuit in federal district court contesting the SSA’s denial. This step can lead to a long, drawn-out court process with uncertain chances of success. Our firm does not handle cases at the Federal Court level.
How to Strengthen Your SSDI Appeal
The most effective way to ensure your Social Security Disability claim’s success is to prioritize the following:
- Medical evidence: Make sure to include a doctor’s statement describing their evaluation of your disability and how it impacts you. Hospital records showing that you’re following ongoing treatment, as well as test results confirming the underlying severity of your condition, can help provide a factual basis for your claim.
- Testimony: Your testimony should be persuasive, detailing the limitations that prevent you from performing work. A statement from a vocational expert regarding your ability to work can also help support your SSD appeal.
- Legal representation: Our experienced Social Security Disability lawyers can help ensure your claim is fully supported and error-free.
Common Mistakes to Avoid in Your SSDI Appeal
Small errors can lead to avoidable delays and undermine your chances for a successful SSDI appeal. Common mistakes to watch out for include:
- Missing deadlines: Failing to submit a timely appeal at each stage of the process can end your efforts before they begin.
- Insufficient medical documentation: Make sure to include all relevant medical records available to you, regardless of whether it seems necessary.
- Selling your disability short: There’s no need to be modest about how your condition impacts your life. Not fully describing the extent to which it affects you can hurt your claim.
- Going it alone: Hiring a legal professional can help you avoid common errors and minimize your stress throughout the process.
How Long Will My SSDI Appeal Take?
Depending on how many steps of the process you must go through, the timeline of your Social Security Disability appeal can vary greatly. Here’s a rough estimate of how long each appeal stage can take:
- Reconsideration: Three to eight months
- ALJ hearing: Nine to 18 months
- Appeals Council: Six to 18 months
- Federal court lawsuit: Several years, depending on the complexity of your case
Why You Should Work with an SSDI Attorney for Your Appeal
Navigating the complex Social Security Disability appeal process can seem discouraging after receiving a claim denial. However, having the right attorney on your side can help relieve your burden, ease your stress, and improve your chances of success.
Winning an SSDI appeal depends on having the right evidence and knowing how to navigate the process properly. Our attorneys have deep experience handling Social Security Disability appeals and know how to move your case through every step of the process.
In addition to presenting evidence and arguing your case, we can help you prepare for testimony at an ALJ hearing, giving you all the information and training you need to approach the judge with confidence.
Contact us online or call (800) 742-3920 today to get started with a free consultation.
