what do i need to appeal social security disability denial on my own without an attorney

To appeal a denial of Social Security disability (SSDI

) or Supplemental Security Income (SSI) benefits, you'll need to follow the instructions included in your notice of denial from the Social Security Administration (SSA). The first step is to file a request for reconsideration.

Full Answer

What to do if denied Social Security disability?

You may want to file a disability appeal if your application for Social Security disability (SSDI) or SSI benefits has been denied. The notice from the Social Security Administration (SSA) denying or terminating your benefits will include information on how to appeal the decision. You must appeal in writing within 60 days of the date that you receive the notice.

What does a disability denial letter from social security say?

Call your Social Security office and ask them for the form. If your doctor is not as helpful as you'd like, see Filing for Disability Without a Doctor's Support or Approval. Be Completely Honest . You should be completely honest at any level of appeal when giving information about your impairments and the limitations your impairments cause.

What to expect at a Social Security disability appeal hearing?

Attorney Justin Wraight has been practicing in social security disability law for nearly 20 years. Given this experience, he has gained a comprehensive understanding of what judges are looking for, as well as what physicians are likely to be supportive of someone’s claim for disability.

Do I need to file a Social Security disability appeal?

If you choose to appeal the denial on your own, you must follow the federal court rules or you risk having your complaint dismissed. For more information about the procedural rules for filing a federal complaint, you can visit the United States Courts website .

How do I fight a disability denial?

If we recently denied your disability claim for medical reasons, you can request an appeal online. A reconsideration is a complete review of your claim by someone who did not take part in the first determination. We will look at all the evidence submitted used in the original determination, plus any new evidence.

How do I win my SSDI reconsideration?

7 Tips for How to Win a Disability Reconsideration AppealFile a Timely Appeal. ... Submit the Right Paperwork. ... Draft an Effective Appeals Letter. ... Provide Additional Medical Evidence. ... Be Honest and Transparent. ... Get a Written Opinion From Your Doctor. ... Hire a Reliable Attorney.Sep 20, 2021

How do I write an appeal letter for disability denial?

Writing the Disability Appeal LetterIndicate Your Name and Claim Number at the Top. ... Point Out Any Mistakes or Oversights. ... Supply Missing Medical Information. ... Attach Medical Records or Any Additional Evidence. ... Stick to the Point. ... Be as Detailed as Possible. ... Be Polite and Professional.May 5, 2020

What percentage of SSDI is reconsideration approved?

On average, the chance of approval at the Reconsideration level is only 13 percent. This means that only in 13 percent of the cases that are originally denied, DDS reverses the denial into an approval.Feb 18, 2020

What happens if SSDI appeal is denied?

If you are denied benefits at the appeals hearing level, you can either file a new claim for disability or you can request an appeals council review. If you have been denied SSDI benefits at an appeals hearing, you have 60 days to request an appeals council review.Dec 29, 2020

What happens if reconsideration is denied?

If you are denied at the reconsideration, you can ask the SSA for a hearing with an administrative law judge (ALJ). ... The SSA also might ask for more evidence and clarification of previously submitted evidence. Make sure to submit any new evidence you want considered in the decision as early as possible.

Can I appeal SSI Online?

If you applied for Social Security or Supplemental Security Income (SSI) disability benefits and were denied for medical reasons, you may request an appeal online. If you do not wish to appeal a medical decision online, you can use the Form SSA-561, Request for Reconsideration.

How do I write an appeal letter?

Steps for writing an appeal letterReview the appeal process if possible.Determine the mailing address of the recipient.Explain what occurred.Describe why it's unfair/unjust.Outline your desired outcome.If you haven't heard back in one week, follow-up.Nov 11, 2019

Why do I keep getting denied for disability?

The most basic fact of the SSA disability process is simply that most cases will be denied, often because there wasn't enough medical evidence to prove the case, forcing claimants to go through the disability appeal process. Disability claimants should never resign themselves to giving up on an SSDI or SSI claim.

What is the difference between a reconsideration and an appeal?

If you're asking for a reconsideration, you're not appealing. It's sort of a new claim, a reopened claim, whatever you want to call it. ... You file that appeal, but then you need to get evidence.Mar 2, 2017

How long does it take to get a reconsideration decision?

A reconsideration appeal can usually be decided in as little as four weeks or as long as twelve weeks; whereas an application for disability can take as long as six months (usually, if it takes this long it is due to difficulties in procuring medical records from various doctors and other medical providers).

Do denied SSDI claims go to quality review?

Cases are pulled at random to be reviewed by the Disability Quality Branch. These claims include Social Security Disability claims which have been accepted and claims which have been denied. ... In some cases, the Disability Quality Branch takes several months before a case is fully reviewed.

How Long Do Appeal Decisions take?

The first level of appeal in most states -- reconsideration of a denial by the Disability Determination Service (DDS) -- is the quickest, because y...

Getting Representation For The Appeal

Some people handle their own Social Security appeal. But you can appoint a lawyer, a friend, or someone else (called your "authorized representativ...

Alternatives to Appealing

If the SSA has denied or terminated your benefits, there are steps you can take outside of the appeal process. Here's a look at a few options. 1. R...

You May Be Able to Receive Benefits While Appealing

If you are receiving benefits and the SSA decides to terminate them, you may be able to continue receiving your benefits while you appeal (up throu...

How to Appeal to Federal Court

You have 60 days from the date of the Appeals Council decision to appeal. This is done by filing a civil complaint with the United States District...

What Happens After The Complaint Is filed?

After you have filed the complaint, the court will issue a summons. You must serve the summons and a copy of the complaint on the SSA. The SSA has...

What Is A Brief and Do I Really Need to File One?

A brief is a legal document that explains a your position in detail to the court. In an SSA appeal, the first brief filed by the claimant (you) is...

What Happens After The Briefs Are filed?

Once the Opening Brief is filed, the SSA then has the opportunity to file a Response Brief. A Response Brief is the SSA’s chance to explain why you...

How Will The Judge Decide The Case?

The judge may decide to do any of the following:Remand the case. Sometimes a federal judge will remand, or send back, a claim to the ALJ to be reco...

How Much Will I Have to Pay An Attorney?

A disability attorney cannot collect a fee unless benefits are awarded to you and the court approves the fee. After a favorable decision (approval...

How long does it take to appeal a disability claim?

You must appeal in writing within 60 days ...

Who can help with Social Security appeal?

Some people handle their own Social Security appeal. But you can appoint a lawyer, a friend, or someone else (called your "authorized representative") to help you. The SSA will work with your representative just as it would work with you.

How to appeal a Social Security disability decision?

To begin your appeal, you can call your local Social Security field office and tell them that you want to appeal a decision that denied or terminated your benefits. They will send you the proper forms and tell you where to mail the paperwork once you've filled it out. The form for getting a reconsideration is Request for Reconsideration, Form SSA-561. The form for getting an appeal hearing is Request for Hearing by Administrative Law Judge, Form HA-501. You can also start your appeal online. To learn more about beginning your appeal, see Nolo's article Social Security Disability: Five Levels of Appeal.

What happens if you get denied Social Security?

If your application for Social Security disability was denied, you still have a good chance of being approved for benefits through the appeals process. Here are some important things to be mindful of.

How long do you have to appeal a decision?

Request Appeal on Time. After every decision, you have only 60 days to submit your appeal in writing. If you wait more than 60 days to request an appeal, your appeal will probably be dismissed.

Who can help with disability appeals?

The disability appeals process can be a complicated and confusing maze. You have the right to hire someone -- either a disability lawyer or a nonlawyer representative -- to help you with your claim and appeal, and it is common for people to do that.

What is an opening brief?

A brief is a legal document that explains a your position in detail to the court. In an SSA appeal, the first brief filed by the claimant (you) is called an Opening Brief. An Opening Brief analyzes the ALJ's decision in light of the medical evidence and any testimony, and aims to persuade the federal judge that the ALJ failed to properly consider ...

How to appeal a federal court decision?

How to Appeal to Federal Court. You have 60 days from the date of the Appeals Council decision to appeal. This is done by filing a civil complaint with the United States District Court in your area . A civil complaint is a brief statement of facts and allegations that tell the court what your case is about. Under federal law, you cannot sue the ...

How long does it take to get an oral argument?

This process can take at least a year.

What is a response brief?

A Response Brief is the SSA's chance to explain why you are wrong and why the ALJ's decision was correct. After you (or your lawyer) may file a Reply Brief, which is one last chance to defend your position and point out weaknesses in the SSA's argument.

What does the judge do in a case?

The judge may decide to do any of the following: Remand the case. Sometimes a federal judge will remand, or send back, a claim to the ALJ to be reconsidered. When this happens, the judge will often direct the ALJ to look at factors and issues that were not fully considered in the original hearing and decision.

What happens if you are denied Social Security Disability?

If your claim is denied at the initial filing, you should promptly appeal the decision.

Where do social security appeals begin?

Appeals for social security claims begin at the administration level, and may progress, if continually denied, to the final appeal which is a lawsuit filed in the federal court system.

Who is Marc Whitehead?

As an attorney that has practiced Social Security Disability law since 1992, Marc Whitehead firmly believes that a claimant’s chances of winning their claim is greatly increased by having an experienced attorney represent them.

What is the first level of appeal?

The Reconsideration stage becomes the first level of appeal. This entails a complete review of your claim by a different examiner, and you may include new evidence. If your initial claim for disability is denied, you should follow with a Social Security Disability appeal for a Request for Reconsideration.

Where to file a Social Security Disability appeal?

If you still have not received a favorable decision during the administrative appeals process, the final Social Security Disability appeal is to file a lawsuit in the Federal District Court where you live. A federal court appeal is litigation, where only a licensed attorney can represent a claimant’s case.

What to do if your request for reconsideration is denied?

If the Request for Reconsideration is denied, your next step is to request a hearing before an Administrative Law Judge (ALJ). This is known as the ALJ Hearing. Again, the 65-day timeline applies.

How long does it take to appeal an ALJ denial?

The time limit for this appeal in most cases is 65 days.

Why was my disability denied?

Disability benefits are only available to people who are unable to do any work, so your application was denied because the SSA determined there was other work you could do . This is a common reason for denial! All you need in this case is information proving that you're unable to do any work. ...

What happens if you can't work due to disability?

If you can't work due to a disability, you might be eligible for disability benefits through the Social Security Administration (SSA). If your application is denied, try not to feel defeated. You still have the right to reconsideration, which is where someone else looks over your application.

How to contact SSA about disability?

Call 1-800-772-1213. SSA representatives are available at this number from 7 a.m. to 7 p.m. Monday through Friday. Give them your name and Social Security number, then tell them that you don't want to use the online process but you do want to file a request for reconsideration of your disability claim.

What happens if you don't file an appeal before the 60 day deadline?

If you're not able to file your appeal before the 60-day deadline, you might qualify for an extension. Submit a written letter to the SSA describing in detail the reason you missed the deadline.

How early should I show up for a hearing?

It's a good idea to show up 15 or 20 minutes early so you can find the room where you're supposed to be and get settled before the time the hearing is supposed to start. If you're traveling separately from your witnesses, arrange to meet them out front 15 to 20 minutes early so you can walk into the room together. ...

How to write an appeal letter for disability?

To write an appeal letter to Social Security Disability, start by stating that you’re appealing your decision and that you have additional documentation, like medical records, to support your claim. Follow up with 1 or 2 paragraphs to explain how your symptoms have worsened over time.

What is reconsideration in disability?

A reconsideration is a complete review of your claim. It takes place at the Disability Determination Services (DDS) level, but is performed by a medical consultant and examiner who were not a part of the initial decision.

How to appeal a denied disability claim?

Getting your denied disability claim appealed through Social Security's system. To appeal a denial of Social Security disability ( SSDI) or Supplemental Security Income (SSI) benefits, you'll need to follow the instructions included in your notice of denial from the Social Security Administration (SSA). The first step is to file a request ...

What to do if your disability is denied?

If your case is borderline, you should win your appeal and your disability benefits should continue. If your claim is denied, your next step in the appeal process is to request a hearing before an administrative law judge (see Step 2, just below). 2. Administrative Law Judge (ALJ) Hearing. If your request for reconsideration (of an initial claim ...

How long does it take to get an ALJ hearing?

If your request for reconsideration (of an initial claim or a continuing disability review termination) is denied and you want to appeal further, you must request a hearing before an administrative law judge (ALJ) within 60 days from receipt of your denial.

What happens if you lose your disability hearing?

If you lose at your disability hearing, you can request that the Appeals Council review your case. The Appeals Council randomly selects cases for review and has discretion to grant, deny, or dismiss your request for review. The Appeals Council can dismiss your case without review unless it finds one of the following:

What happens if you file a late claim?

If you file late, request a dismissal, or die, the Appeals Council may also dismiss your claim without reviewing it. The Appeals Council usually looks for a flaw in the ALJ decision before granting a review. In those situations, your chance of winning is only 1%.