You filed for Social Security Disability Insurance (SSDI), filled out all the requests for information, signed medical releases and went to your consultative exam – but your claim was denied. Now, you have to file an appeal.
By the time most people receive a denial letter on an initial claim, they’ve already waited for months. An appeal means waiting even longer for a new decision. Understanding more about the process can help you plan for what may come.
The stages of an SSDI appeal
There are multiple steps to the SSDI appeals process, each with its own timelines. In general, however, you have 60 days from the date of your denial letter to file the paperwork and advance to the next stage.
The first stage of the SSDI appeals process is called a Request for Reconsideration. This involves sending your paperwork back to the state agency for a new medical decision, along with any additional evidence you have. A reconsideration can take as long (or longer) than the initial claim, and many are still denied.
If the reconsideration process is unsuccessful, you can ask for a hearing in front of an Administrative Law Judge (ALJ). They will typically review your entire file, ask detailed questions at the hearing about your limitations and work history and make the decision after careful consideration. Many claims that failed before are successful at this stage. Unfortunately, it can take a year or longer to get to a hearing, plus several months longer to get the decision.
If your hearing is unsuccessful, you may be able to file for an Appeals Council Review. If that fails, it is sometimes possible to file a lawsuit over the claim in federal district court, although this is common and usually only appropriate when there is a specific issue that needs to be challenged. Those cases sometimes go on for years.
Professional legal guidance can help you file an SSDI appeal. You can learn how to avoid delays and overcome unfair denials so you can receive the SSDI benefits you deserve.