It’s hard enough to be disabled and off work. Receiving notice that your SSDI claim was denied may make you feel like quitting. But don’t give up. You may be able to appeal your denial.
Many SSDI Claim Are Denied
A large number of first-time claims never make it past the first level of scrutiny. If you received a notice of denial, you basically have three options:
- Quit pursuing your SSDI claim;
- Start a new claim; or
- Appeal the claim to the next level.
And there are several levels of appeal.
First Level – Request for Reconsideration
There are two ways to appeal:
- If your claim was denied for medical reasons, file a Form SSA-561, Request for Reconsideration. You may also need two other forms: A Disability Report – Appeal (Form SSA-3441) and Authorization to Disclose Information to the Social Security Administration (Form SSA-827).
- If your claim was denied for non-medical reasons, used only Form SSA-561 to start your appeal.
Your claim will be reviewed and may be approved or rejected again.
Second Level – Administrative Law Judge Hearing
Next, you can ask an administrative law judge for a hearing. At this level, about 50% of appeals are granted.
Third Level – Appeals Council
At this stage, you can ask the Appeals Council to review your claim. Sometimes the Council will dismiss a claim without a formal review. Often, though, the Council will review your claim and make a decision. Unfortunately, most appeals are denied or dismissed. However, you don’t have to quit trying.
Fourth Level – Federal Court
If you and your attorney still feel you have a good claim, you can file a lawsuit in the United States District Court. You will be asking a federal judge to review and approve your claim. Typically, a federal judge will deny the request. Sometimes, though, the judge will send the claim back to the Social Security Administration for review.
Need Help Appeals Your SSDI Claim?
The attorneys at The Law Offices of Martin Taller have more than 50 years’ legal experience, much of it involving Social Security Disability Insurance claims. They can help you with your application and any appeals that might be needed.
Call us at 714-385-8100 for a free consultation. Though our office is located in Anaheim, we assist clients throughout Southern California.
