Disability Claim Denied? Here’s What to Do Next
When a physical or mental disability prevents you from working, getting turned down on your Social Security disability application feels disastrous. The good news is that a denial doesn’t mean your case is over. Most successful disability claims go through at least one appeal, and you have every right to challenge the SSA’s initial decisions.
The Keener Law Firm has helped hundreds of clients overturn initial denials and secure the benefits they deserve. Understanding your appeal rights and acting quickly is often the difference between eventual approval and walking away from benefits you’ve earned through a lifetime of work.
Why Did the SSA Deny My Disability Claim?
Did you know that the Social Security Administration denies about 67% of initial disability applications? Winning your appeal starts with learning why your claim was rejected. That’s what will help you build a stronger appeal.
Common reasons for denial include insufficient medical evidence, earnings above the substantial gainful activity limit, failure to follow prescribed treatment, or a determination that your condition isn’t severe enough to prevent all work. The SSA may also deny claims due to technical issues like missing paperwork or failure to attend a consultative examination.
Your denial letter will include a specific explanation of why the SSA rejected your application. Read this document carefully because it tells you exactly what weaknesses you need to address in your appeal.
How Soon Must You File an Appeal of a Disability Claim Denial?
You have 60 days from the date you receive your denial letter to file an appeal. The SSA assumes you received the letter five days after the date printed on it, so your actual deadline is 65 days from that date.
Missing this deadline can force you to start the entire application process all over again, from the beginning. You’ll lose your original filing date, which affects when your benefits would start if you eventually win approval. If you have a good reason for missing the deadline, such as serious illness or hospitalization, you can request an extension, but the SSA doesn’t grant these automatically.
What Are the Four Levels of Appeal?
The disability appeals process has four distinct stages, each with its own procedures and timelines.
- Reconsideration is the first appeal level where a different SSA examiner reviews your entire file along with any new evidence you submit. This reviewer wasn’t involved in the initial decision. About 87% of reconsideration appeals result in denial, but submitting strong medical evidence at this stage builds your record for later appeals.
- Hearing before an Administrative Law Judge is the second level and your best chance for approval. An ALJ conducts a formal hearing where you can testify about your limitations, present witness testimony, and have your lawyer question medical and vocational experts. The Keener Law Firm engages in thorough hearing preparation, including strong reviewing your testimony in advance, presenting compelling medical testimony, and sharply focusing on the relevant legal issue most pertinent to your case.
- Appeals Council review is the third level where you ask the SSA’s Appeals Council to review the ALJ’s decision if you lose at the hearing level. The Council can deny review, send your case back to the ALJ for another hearing, or issue its own decision. Most Appeals Council cases result in denial or remand rather than outright approval.
- Federal court is the final level where you file a lawsuit in U.S. District Court challenging the SSA’s decision. Federal court appeals involve complex legal procedures and almost always require attorney representation.
Should You Submit New Medical Evidence?
Fresh medical evidence is the most powerful tool for overturning a denial. The SSA based its initial decision on the information in your file at that time. New records showing worsening symptoms, additional diagnoses, or treatment failures can change the outcome.
The Keener Law Firm requests updated reports from all your treating physicians. We ask your doctors to complete functional capacity assessments describing specific physical or mental limitations. These detailed forms carry more weight than brief office visit notes. If you’ve seen new specialists or started different treatments since filing your initial application, they are include in your appeal.
Medical opinion letters from your longtime treating physicians can be particularly persuasive. An ALJ gives significant weight to opinions from doctors who have treated you consistently over months or years, especially when those opinions explain how your symptoms prevent specific work activities.
Do You Need a Lawyer for My Appeal?
You can file an appeal without legal representation, but statistics show that represented claimants have much higher approval rates. According to recent data, claimants with attorneys win approval in about 60% of ALJ hearings compared to roughly 30% for unrepresented claimants.
The Keener Law Firm understands the medical and legal complexities of disability claims. An experienced attorney knows what evidence ALJs need to see, how to question medical experts effectively, and how to present your case in the most compelling way.
What Happens During an ALJ Hearing?
The ALJ hearing is your opportunity to explain in person how your disability affects your daily life and prevents you from working. Unlike the paper review at reconsideration, an ALJ hearing lets you tell your story directly to the decision-maker.
Hearings typically last 30 to 60 minutes and take place either in person at an SSA hearing office or by video conference. The ALJ may ask about your work history, daily activities, symptoms, and limitations. A vocational expert often testifies about whether someone with your restrictions could perform your past work or other jobs in the economy.
You can bring witnesses like family members, former employers, or friends who can describe how they’ve observed your limitations affecting your life. Your attorney will question both you and any expert witnesses to highlight the strongest parts of your case.
How Long Does the Appeals Process Take?
The time an appeal takes varies significantly by which appeal level you are at and your location. Reconsideration typically takes three to five months. ALJ hearings currently have the longest wait times, often 12 to 18 months or more depending on your local hearing office’s backlog.
Appeals Council review usually takes another six to 12 months. Federal court proceedings can extend years, though many cases settle before trial. While these timelines feel frustratingly long when you’re living without income, continuing your appeal gives you the chance to receive retroactive benefits back to your original application date.
Is It Worth Appealing Your Disability Benefits Denial?
Yes. Yes. Yes.
Most people who eventually win disability benefits succeed only after appealing an initial denial. The statistics show that persistence pays off, especially when you reach the ALJ hearing level.
The Keener Law Firm has seen countless clients transform denials into approvals by presenting stronger medical evidence and compelling testimony at hearings. Your initial denial doesn’t reflect the final answer on your case. With proper preparation, updated medical records, and experienced legal representation, you have a real chance of overturning that denial and securing the benefits that will help you survive while you cannot work.
Don’t let a denial letter convince you to give up on benefits you’ve earned through years of paying into the Social Security system. File your appeal within the 60-day deadline, gather your medical evidence, and consult with an experienced disability attorney like The Keener Law Firm who can guide you through each stage of the process.
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