What to Do After Your Disability Appeal Is Denied
A denied Social Security disability appeal can be frustrating, but further review may still be available. Your next step depends on which appeal stage you have completed and what your decision notice says.
Read the Decision Carefully
Review the reasons for the denial, the instructions for further review, and the deadline. Keep the notice and a record of when you received it.
Identify any concerns about your medical evidence, work history, or ability to perform work-related activities. These details can help you understand what issues may need further review.
Identify Your Next Appeal Step
After a Reconsideration Denial
If SSA denies your claim at reconsideration, you can generally request a hearing before an Administrative Law Judge. The hearing provides an opportunity to explain your limitations and present relevant evidence.
After an Unfavorable Hearing Decision
If you disagree with the judge’s decision, you can request review by the Appeals Council. The Council may deny your request, issue its own decision, or return your case to a judge for further proceedings.
After Appeals Council Action
If the Appeals Council denies review or issues an unfavorable decision, you may be able to file a civil action in federal district court. This stage involves court procedures and specific filing requirements.
Protect Your Appeal Deadline
Generally, you have 60 days after receiving the applicable notice to request the next review or file a federal court action. SSA usually assumes you received the notice five days after its date unless you show otherwise.
Follow the instructions in your notice. If you missed a deadline, promptly ask about an extension and explain the reason for the delay. An extension is not automatic.
Organize Your Records
Keep your decision notices, submitted forms, medical records, and correspondence together. Note any missing information or changes in your condition.
Rules for submitting additional evidence vary by appeal stage. New records are not automatically accepted at every level, so check the applicable requirements before submitting them.
Consider Help Before Starting Over
A new application does not replace an appeal of the existing decision. Before deciding how to proceed, consider discussing your notice and claim history with an independent attorney.
An attorney may be able to explain the available review options, assess potential issues in the decision, and discuss whether further appeal or a new application fits your circumstances.
Explore Your Next Steps
Disability Attorneys of Atlanta provides general information about Social Security disability claims and appeals. You can request contact from an independent attorney who may be able to review your situation and explain your options.
