Can you Appeal a Denial from Social Security

Yes, you can. In fact, if you have already applied for social security disability or SSI disability, your notice of denial should have contained information regarding the filing of an appeal.

If you have a pending SSD or SSI disability claim (one for which no decision has yet been made) or have not yet filed for disability, here are some things you should probably be aware of regarding SSA denials and your appeal options.

1. The majority of social security disability and SSI claims are, in fact, denied. The statistics are different in individual states; however, nationally, about seven out of ten initial claims are denied and a bit over eight out of ten first appeals are also denied.

2. A large percentage of social security disability and SSI claimants who are denied and who decide to appeal are eventually approved for benefits (so never give up on a claim).

3. At each step of the disability evaluation process, you have the right to file an appeal if your claim has been denied. If you have a lawyer assisting you with your case, this individual will take care of the necessary paperwork. And if the appeal you need to request is for a disability hearing in front of a judge, your lawyer will handle the necessary preparation to get your case ready for your hearing.

4. A disability appeal must be filed within 60 days of the date of your denial. This sounds like a long time, but an amazing number of disability claimants miss this deadline, so be careful.

5. The first appeal can take several months quite easily, so don't expect a quick decision.

6. The second appeal (the disability hearing) can also take a number of months though in some cases a disability lawyer may be able to get a request for a hearing successfully expedited based on dire financial need.



Return to the Social Security Disability SSI Benefits Blog




Other Posts

Doctor appointment for Social Security Disability
Can I afford a disability attorney for my claim ?
How to claim disability benefits
Applying for disability
Disability and stroke