Though not widely known, it is possible to fight Social Security disability denial and eventually win.

Seven of 10 people who apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) are turned down the first time. If you are among them, there are steps you can take to appeal.

What is SSDI?

SSDI and SSI are part of a government insurance program to which every U.S. taxpayer contributes. They are intended to provide benefits to you and certain family members if you have paid into the system for a minimum amount of time and suffer from a disability that prevents you from engaging in employment.

What is the Difference Between SSDI and SSI?

Unlike SSDI, SSI is strictly based on financial need. It is intended to provide cash for basic needs (food, shelter and clothing) for aged, blind and other disabled individuals who have little or no income. Although the two programs differ, qualifying involves meeting the same medical requirements.

Who Qualifies?

In order to qualify for SSDI, your medical condition must meet the Social Security Administration’s definition of disability. Generally, your condition must impair your ability to carry out basic tasks for a 12-month period or more. The SSA maintains a list of qualifying conditions on its website.

What if my Application is Denied?

The first step to fighting Social Security disability denial of is to appeal the decision. You do not want to simply re-apply, because chances are that you’ll simply be denied again. The appeal process takes longer, but your chances of being approved are significantly greater.

How Does the Appeal Process Work?

Your initial step is to file a request for reconsideration; you turn in your original application, along with any amendments you or your legal representative may wish to include. It will be reviewed by a different representative and may be approved at that point.

If this fails, the next step is to attend a disability hearing in front of an administrative law judge. At this hearing, you will be afforded the opportunity to explain why you are entitled to receive SSDI benefits. There may be medical and vocational experts present at the hearing; you also have the right to bring your own witnesses.

If you are still denied, the decision then goes to an appeals council for review. The council primarily ensures that the administrative law judge who presided over your disability hearing followed the law in making his or her decision. That decision may be upheld, overturned (in which case you have succeeded) or – if mistakes were made – sent back to the administrative law judge for reconsideration.

Do I Need a Lawyer to Fight Social Security Disability Denial of my Claim?

It’s not an absolute necessity, but having an experienced SSDI attorney on your side can greatly increase your chances of approval. Fortunately, these lawyers take such cases on a contingency basis – so there’s no need to pay a big retainer upfront.

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