Social Security Disability (SSDI) is one of the largest Federal programs that have been implemented to help those with disabilities.

The Social Security Administration runs this program, along with the Supplemental Security program, and is also responsible for granting or denying applications based on their set of rules, which take into account medical criteria and the applicant’s history of paying Social Security taxes.

Under the SSDI program, you (along with certain qualifying family members) are paid benefits if you worked for a certain period of time and paid Social Security taxes. To qualify as disabled under the Social Security Administration’s rules, you’ll be asked about your medical condition, as well as your work and education history. You will also be asked for specific documentation.

What do I do if my Social Security Disability is denied?

If you have received a negative Social Security Disability decision in response to your application, hope is not lost. There are several different levels at which you can appeal a Social Security Disability decision—but it’s important to respond to the decision quickly. Generally, there’s about a 60-day window in which you can make an appeal after receiving the notice of the SSA’s decision.

The first level of appeal is for reconsideration and can be completed over the internet. A reconsideration appeal will be reviewed by somebody from the SSA who was not involved in the first Social Security Disability decision and will make a separate determination. This review takes into consideration the same material as provided before, plus any new evidence you may have submitted.

If at that point your appeal is denied, you may proceed to the next appeal level, which is to request a hearing by an administrative law judge. Again, this person will have had no part in the original decision nor the reconsideration. Requesting a hearing can be done online, and the hearing itself is usually within 75 miles of your home.

If the administrative law judge dismisses or denies your appeal, you can move to the next appeal level, which is to request an Appeals Council review of the judge’s decision. The Council may decide to deny a request if it believes that the previous decision (the hearing by an administrative law judge) was made in accordance with social security regulations. If it does decide to review your case, the Appeals Council will either make a determination itself or turn it over to a different administrative law judge for review.

Lastly, if you disagree with the Appeals Council’s decision, or if the Council decides not to review your case at all, there is one last appeal possibility: filing a civil suit for Federal Court review.

Can I file a lawsuit?

If you are applying for Social Security Disability (SSDI) or you have already received a Social Security Disability decision and your application was denied at any of these appeal levels, you may be able to join this class action lawsuit investigation.

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