The appeal process for Social Security disability is one that most applicants wind up going through, as many applicants are denied the first time. In fact, seven out of ten people who apply for Social Security disability are denied the first time.

Although many of these people eventually can get approved after an appeal, the appeal process for Social Security disability is complicated and can take as long as two years. This is why it is a good idea to have the assistance of an attorney who is experienced in such matters.

What is Social Security Disability Income?

Social Security Disability Income (SSDI) is meant for people who have a physical or mental disability that is expected to last more than one year, or whose condition is terminal, and are unable to engage in employment. This program pays benefits to the person who is ill, as well as to dependents. Whether or not they will qualify for benefits and how much depends on how long they were employed and paid into the program.

There is a related program, known as Supplemental Security Income, that pays benefits strictly based on financial need. Unlike SSDI, which is paid for out of the Social Security fund, Supplemental Security Income is funded by general federal tax revenue.

What is the Appeal Process for Social Security Disability?

Assuming you are among the 70 percent of those whose claims are initially denied, you will need to start by requesting a reconsideration within 60 days of your denial. Otherwise, you will have to start the entire process all over. You will need to make certain that all necessary forms, information and the most recent documentation is included.

What if My Reconsideration is Denied?

If your reconsideration is denied, the next step is a hearing before an administrative law judge (ALJ). This will involve testimony from medical experts about your condition. Although this hearing can take more than a year before it is scheduled, the good news is that your chances of success are far greater – and a final decision is usually made within 3 to 4 months.

What Happens if the ALJ Says No?

If your appeal is denied, the next step is to take your claim to the Social Security Disability Appeals Council. At this stage of the appeal process for Social Security disability, the ALJ’s decision will be reviewed. Depending on the outcome of that review, your claim may be approved, denied or remanded back to another ALJ for another hearing.

The SSD Appeals Council Upholds the Denial – What Then?

At this point of denial, you can take your appeal to a federal district court. This time, a filing fee is required, unless you can provide proof of financial hardship. This is more formal: there are opening statements, a reply brief and oral arguments – and the process takes another year.

If the district court denies your appeal, you can go to a federal circuit court, which is the next rung on the ladder. If you are at this point, it is vital to have a lawyer with experience in SSDI claims.

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