How to Appeal for Social Security Benefits

If you need to file an appeal for Social Security Benefits because your initial request for disability benefits was denied, you might not want to go it alone.

A majority of applicants for disability benefits are denied the first time they apply, most often because their physical impairment does not meet the Social Security Administration’s definition of the term disabled according to The Motley Fool.

How Do I Even Begin an Appeal for Social Security Benefits?

In most states, the first step in the appeals process is known as a reconsideration. You must send in a request for reconsideration within 60 days of receiving your initial denial or else you will have to submit a whole new application.

What Is a Reconsideration Appeal?

A reconsideration appeal is exactly what it sounds like. A different disability claims examiner reviews your application to “reconsider” your application and determine whether the first reviewer was incorrect in denying your application.

You usually will receive notification by a letter in the mail in three to six months that will let you know whether or not your appeal was successful in obtaining you any disability benefits. Applicants who submit the same information without providing any new insights to their disability are denied an appeal at a rate of more than 80 percent.

What Are Valid Reasons to Submit an Appeal?

You may file a Medical Reconsideration if it appears your initial attempt to secure Social Security Disability Benefits was denied because your health issue did not meet the agency’s definition of disabled.

You may file a Non-Medical Reconsideration if your claim was denied because your income was deemed excessive or because you have earned an insufficient number of work credits.

What Are Work Credits?

Work credits accumulate by earning money and paying Social Security taxes on that money. You are able to earn four work credits per year. In 2018, an employed person earned one work credit for every $1,320 in wages up to $5,280, for a total of four credits.

The number of required work credits depends upon how old you are upon becoming disabled.

If I Receive a Denial After the Reconsideration Appeal, What Can I Do?

The next step would be to seek a hearing by an administrative law judge, who will question you and any other witnesses you bring with you according to the Social Security Administration. Medical and vocational experts often serve as witnesses on behalf of the person filing the appeal.

Is There a Third Appeals Process?

Yes. If you do not agree with the decision of the administrative judge at the hearing, you may request a review by Social Security’s Appeals Council. Even though the Council looks over all review requests it receives, the Council is inclined to deny a review if it deems the hearing decision was justified.

What Is the Final Type of Appeal?

Finally, if you do not agree with the Appeals Council’s decision or if the Appeals Council makes a determination not to grant you a review of your case, you are able to challenge the decision by filing a lawsuit in a federal district court.

Any type of appeal for Social Security Benefits can be a long and stressful process, and you could benefit from seeking the assistance of an experienced attorney to help you through it.