A first time Social Security Disability denial does not have to be the end of the road for your application process. Since one in four adults in the U.S. has reported a disability, it’s important to know your options if you recently got a denial.

When attempting to appeal a disability denial for Social Security, understanding your options can help you file the appropriate paperwork and increase your chances of approval.

Do I Need an Attorney for a Social Security Disability Denial Appeal?

Some people might choose to handle their Social Security appeal on their own, but an authorized representative such as an experienced attorney can assist you. Most claimants do not have legal representation at the first level of appeal.

However, choosing a knowledgeable lawyer can greatly increase the chances of filing the appropriate paperwork and getting the application reconsidered. Research shows that as many as 80 percent of the claimants do use a representative when they are appealing in front of an administrative law judge.

When Can I Appeal?

If your application for Social Security benefits or Social Security disability has been denied, information about how to appeal this decision will be included in the paperwork terminating or denying your benefits sent to you by the Social Security Administration.

If you have been seriously hurt or are now suffering from a condition that makes it impossible for you to work, it’s important to take action quickly. It can take time to process your application for disability benefits and for a response to your appeal. The sooner you can respond and submit the proper documentation, the sooner you are likely to start getting benefits if approved.

What Is the First Level of Appeal?

The first level of appeal for your Social Security disability denial is a reconsideration of a denial through the disability determination service. This case does not require evaluation by an examiner and medical consultant.

Typically, the results of this reconsideration request are passed on to you in a few weeks. However, if the agency’s caseload is bigger, you might have to wait a few months to receive notice.

What If I Am Denied at the Reconsideration Level?

If you submit your paperwork through the reconsideration of a denial through the disability determination service and are still denied, the next level of appeal is known as End Hearing before an administrative law judge. It could take up to one year or longer in order to get a hearing.

The stage beyond the ALJ hearing is appealing to a federal court, which can take up to one year for a decision. However, due to the docket facing many administrative law judges as well as federal courts, it could be several years before waiting to hear a response about your Social Security disability denial request.

Having an experienced Social Security attorney to help guide you through this process can help you to feel more confident and prepared for what to anticipate at each stage of your disability denial. Submitting the proper paperwork and evidence and understanding your rights and responsibilities at each stage could increase your chances of success. Top Class Actions can help you find a lawyer to help you with your application or your appeal.

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