Social Security Disability Insurance (SSDI) benefits are intended to provide a financial safety net for people who are unable to work due to medical conditions or disabilities. These benefits are generally paid out monthly to recipients.

Millions of Americans rely on Social Security disability benefits. Approximately 8.5 million disabled workers, 1.5 million children of disabled workers, and 117,000 spouses of disabled workers receive Social Security benefits.

It is more common than one might expect to need disability benefits at some point during your lifetime. In fact, according to the Center on Budget and Policy Priorities, “a young person starting a career today has a 1 in 3 chance of dying or qualifying for SSDI before reaching Social Security’s full retirement age.”

Indeed, Social Security disability benefits offer recipients financial assistance should they become disabled and unable to work for a year or longer prior to reaching retirement benefit age.

However, approximately 70% of first-time applications for Social Security disability benefits are denied. Fortunately, it is possible to appeal a Social Security disability denial, though the process is lengthy and complicated. It may take up to two years before a first hearing will even happen following the initial appeal.

How common are Social Security Disability denials?

Nearly 156 million workers (the vast majority of U.S. adults) are protected by the SSDI program.

While Social Security disability benefits are a necessity for the majority of people who are unable to work, these applications are frequently denied the first time someone applies. There is an extensive appeals process to go through before benefits may be granted.

Although it is possible to appeal a Social Security disability denial on your own, an experienced Social Security attorney may make navigating the process easier.

How do you appeal a Social Security Disability denial?

When you apply for Social Security disability benefits, your medical conditions will be assessed and reviewed, in addition to your age, education, past work experience, and skills. Any of these factors may lead to your application being denied. In order to appeal a Social Security disability denial, you need to pay close attention to deadlines and ensure that all of the proper paperwork is submitted timely to the Social Security Administration (SSA).

After the initial application has been submitted, it generally takes the SSA three to six months to determine whether you have been approved for disability benefits. If your application is denied, you may be able to appeal.

If your Social Security disability application was denied, not all hope is lost. There are several stages of the appeals process by which you have a chance to have the decision reversed and end up receiving benefits.

However, it is important that you respond to the initial denial quickly with your appeal. There’s typically a 60-day window in which you can appeal the SSA’s denial of your initial claim, so acting fast is essential because these deadlines are firm.

First, you may request a reconsideration of your Social Security disability application. According to AARP, the request must be submitted within 60 days of receiving notification of a denial of benefits. Otherwise, you will need to submit a new application. Once you have submitted your request for reconsideration, your application will be reviewed by a different examiner at the SSA. This process may take up to five months.

If your request for reconsideration is denied, you may appeal the decision. This appeal will result in a hearing where a judge will review the evidence and issue a ruling. However, this hearing may take over a year to schedule.

If your application is denied at this point, you may still be able to appeal again. This time, the appeal will be reviewed by the Social Security Disability Appeals Council, which may take up to two years to schedule.

Who may qualify for Social Security Disability benefits?

In order to qualify for Social Security disability benefits, you must meet several criteria. First, you must have worked in jobs covered by Social Security. Second, you must have a diagnosed medical condition that meets the Social Security Administration’s definition of disability.

The SSA maintains a list of medical conditions considered disabilities. If your condition is not on the list, you may still qualify to receive benefits, but you will face additional review by the SSA to determine the severity of your condition.

If your disability causes you to be unable to work for a year or more, you may be eligible to receive Social Security disability benefits. Disabilities that do not cause you to be unable to work for at least a year are generally not eligible for benefits. People with conditions including acute leukemia, Lou Gehrig’s disease (ALS), and pancreatic cancer are generally approved for disability benefits as soon as the diagnosis is confirmed. Other conditions may be assessed on a case by case basis.

If you are starting the application process for Social Security disability, consulting a qualified attorney may help you navigate the process more efficiently and effectively. An attorney can also help if your application has been denied. Top Class Actions can connect you with an experienced attorney to appeal a Social Security disability denial or with an initial Social Security disability application.

Learn More

This article is not legal advice. It is presented
for informational purposes only.