You may be counting on Social Security Disability benefits to help you when you become injured or ill and can no longer maintain employment. Learning that your disability benefit application was denied can be a crushing blow, as your financial stability is often dependent on the benefits.
Unfortunately, denied claims for disability benefits are not uncommon, but you have the option to appeal. The appeal process involves many specific steps, many of which contain deadlines.
It is extremely important to follow the steps and meet the deadlines, since missing one could mean your appeal is denied without having a hearing. You would then need to restart the application process, which means you wait even longer to receive disability benefits.
Request for reconsideration
Read your denial letter over carefully. It explains your appeal rights. The first appeal is called a request for reconsideration. In most cases, you must request a reconsideration within 60 days of the date of your rejection letter. Your reconsideration request must be in writing.
A reconsideration is a review of your disability claim by someone who was not involved in the first review.
The reconsideration deadline must be met. Although sometimes late requests are accepted for reasons beyond your control, it is rare. Do everything you can to get your request submitted on time.
Learn the reason for the denial
Make sure you understand the reason for the denial. Sometimes the reason is for a non-medical reason, such as not meeting income or other requirements. If you believe this was in error, you could submit additional information of documentation you believe to show you meet the requirements.
In these cases, your claim may be approved after the correct information is received and a reconsideration might no longer be necessary. However, you should still file your request for reconsideration as soon as you can. If you later learn you do not need a reconsideration, you can withdraw your appeal request.
Denials for a medical reason are a bit more complicated. You must submit documentation showing that you qualify as disabled, such as medical records or a letter from your doctor.
The ALJ hearing
If your reconsideration request is unsuccessful, you can request a hearing before an Administrative Law Judge (ALJ). You will receive another denial letter with appeal instructions.
The ALJ hearing is your chance to testify before the ALJ about your disability and present witnesses or evidence to prove your disability. The ALJ does not typically decide the case the same day. You will receive a decision in the mail sometime after the hearing.
The Appeals Council
You are not out of options if the ALJ denies your claim. You can appeal the decision up to the Appeals Council and ask them to review the decision. However, you are not guaranteed a new hearing.
The Appeals Council may deny your request for review if it finds that the ALJ complied with Social Security law. They could also decide to issue a new decision or send it back down to the ALJ, ordering a new hearing or some other action.