Appeal a Social Security denial
Social Security might turn down (deny) your application for SSI or disability benefits because they believe you’re not disabled, or you don’t meet financial requirements. Learn the process to fight (appeal) a Social Security denial through reconsideration and hearing.
1. Step-by-step
If the Social Security Administration (Social Security) denies your application for SSI or Social Security Disability (SSD) benefits, they’ll let you know in writing about the denial. Then you can appeal Social Security’s decision to deny your application.
Here’s the appeal process:
Ask Social Security to review (to reconsider) its initial decision. You may fill out a Request for Reconsideration form from your nearest Social Security Office, get one online, or file an appeal on their website.
You must make your reconsideration request within 60 days of the date on the notice (plus 5 days for mailing) or have a good reason to make a late request.
To ask for good cause to file late, you must fill out and submit a Statement of Claimant form, Form SSA-795 (example: “I request good cause for late filing of my appeal”) and explain why you couldn’t appeal on time. Social Security will decide if your reason for filing late is a good one. If so, they’ll process the appeal as if you filed it on time.
Review your Social Security file as soon as you can. Call 1-800-772-1213 to ask for your local Social Security office number. Then call your local office to schedule this. Or have Social Security make a copy of your file on an encrypted CD.
The evidence in the paper file or on the CD is the only information the judge has about you.
Make sure your file has the names and contact info for all your doctors, therapists, counselors, or anyone else with information about your disability.
Decide what information might help Social Security change its decision and give you benefits. Give them that information.
You may have a relative, friend, or lawyer help review your file, and get more evidence.
Wait for Social Security to notify you about their decision on reconsideration after their case review.
If Social Security doesn’t change its decision after reconsideration, you can fill out and submit Social Security form #HA-501 to ask for a hearing before an Administrative Law Judge (ALJ). You must do so within 60 days of the date on the denial notice. You can submit your hearing request to your nearest Social Security office in person, by certified mail, or by fax.
The hearing will take place many months after you ask for it. The ALJ will tell you the hearing date at least 75 days beforehand.
At least 5 business days before your hearing, you must give or at least tell the ALJ about any additional evidence that you want the ALJ to consider. If you don’t do this in time, generally you must have a good reason for your lateness, such as a physical, mental, and/or educational limitation, or circumstances beyond your control.
You can also subpoena a witness to the ALJ hearing. Generally, you must let the ALJ know at least 10 business days before the hearing that you want the ALJ to issue a subpoena.
A subpoena is a written order requiring a witness to come to a hearing to give testimony. The subpoena will have the information about the hearing date, time and place so your witness will know when and where to go.
If the witness needs to take off from work to come to your hearing, they can show the subpoena to their employer.
Try to find someone to represent you at your hearing. You can have someone like a lawyer or paralegal represent you. You can also represent yourself.
If you want a lawyer with experience in Social Security claims, contact your local bar association or the National Organization for Social Security Claimant Representatives for a referral. Your lawyer will get paid only if you win your case. Lawyers can only charge up to 25% of your back benefits, up to $7,200.
You must pay any costs the lawyer incurs in working on your case, such as, for example, the cost of medical records. Ask the lawyer to explain the fee arrangement, in writing, if possible, before you hire them.
Get ready for your hearing. If you represent yourself at your hearing, you must get a copy of your hearing file. The Office of Hearings Operations (OHO) will send you a letter when your file is ready for your review.
Call the 1-800 number listed at the top of the letter to schedule an appointment to copy the file at the hearing office.
As your hearing date gets closer, make a list of what you want to tell the judge and what you want your witnesses to tell the judge.
Wait to get a decision. The ALJ will mail you a written decision within a few months. If it isn’t favorable, the decision notice will tell you how to appeal it to the Appeals Council.