How Do I Appeal My Denied Disability Claim

Most initial Social Security Disability claims are denied. Should you give up or continue to fight?

If you’re denied Disability benefits by the Social Security Administration (SSA), you have the right to appeal. The appeal should be filed within 60 days of the denial. So what does that appeal process look like? There are four appeals commonly available after a denial.

(0:40) The First Appeal

The first appeal is called a request for reconsideration. The evidence and testimony you used for your initial application will be resubmitted, along with anything new. The same department that made the initial decision will make the decision on this first appeal, though it will be a different team than the first time.

(1:12) The Second Appeal

If your first appeal is unsuccessful, you can request a hearing before an administrative law judge (within 60 days of the first appeal denial). There are often expert witnesses at this hearing, in addition to the two parties, the judge, and the court reporter. The hearing can be intimidating so we strongly urge you to have an attorney for this process.

Do You Need a Disability Lawyer Or Can You Do This On Your Own? Learn More at https://www.farrin.com/disability-law...

(1:57) The Third Appeal

If your appeal to the administrative law judge is unsuccessful, you can request a review within 60 days with the Appeals Council. The Council can review the judge’s decision for the errors you’re saying were made by that judge. If they agree that the judge made sufficient mistakes, they will likely send your case back to that judge for another hearing.

(2:43) The Fourth Appeal

If the Appeals Council denies your claim, you can file a lawsuit in district court against the Social Security Commissioner. There are two higher levels of court beyond the district court, but it’s rare for a case to progress that far.

This process can be confusing, intimidating, and frustrating. At the Law Offices of James Scott Farrin, we can take this burden off your plate while you focus on your recovery. Our department is led by a rare North Carolina State Bar Board Certified Specialist in Social Security Disability law. Someone is available to take your call at any time, so reach out today at 1-866-900-7078.

Free Case Evaluation: https://www.farrin.com/contact-us/

Cases handled by lawyers who principally practice in our Durham (Main), Raleigh, Charlotte, Greensboro, NC and Greenville, SC offices.
Attorney Michael Shepherd: 555 South Mangum Street, Suite 800, Durham, North Carolina