Don't miss the 60-day deadline
Your denial letter explains the decision and your appeal rights. In general, you have 60 days from the date you receive it to ask for the next level of review. Social Security assumes you received the letter 5 days after the date on it, unless you can show otherwise.
If you miss the deadline, you may have to start over with a new application.
The four levels of appeal
- Reconsideration: a new reviewer looks at your claim, including any new evidence.
- Hearing: you can explain your case to an administrative law judge. Many people bring an attorney or representative.
- Appeals Council: reviews whether the judge's decision was correct.
- Federal court: you can file a lawsuit in U.S. District Court.
What helps an appeal
- Keep going to your doctors, and send in new medical records.
- Ask your doctor for a written statement about what you can and can't do.
- Read the denial letter carefully. It says why you were denied, which tells you what evidence to add.
- Answer every letter and keep every appointment Social Security sets.
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Frequently asked questions
Should I appeal or reapply?
Usually appeal. A new application can mean losing months of possible back pay. Talk to a disability attorney if you're unsure.
How do I file an appeal?
You can appeal online at ssa.gov, or contact your local Social Security office.
Do I need a lawyer for the hearing?
It's not required, but many people choose to have one. Disability attorney fees are capped by federal law and usually paid only if you win.
Sources
- SSA, Appeal a Decision: www.ssa.gov/apply/appeal-decision-we-made
This guide is general information, not legal advice. Disability Drew is not affiliated with the Social Security Administration.