What do you do if your SSD claim was denied?

On Behalf of | Jan 4, 2023 | Social Security Disability

Applying for Social Security Disability benefits can be a tedious and sometimes stressful process requiring substantial documentation and significant time.

If you receive a denial response, you have the right to appeal that decision. Consider the steps you can take to seek approval.

Request a reconsideration

The first and simplest step is to request that the Social Security Administration reconsider your application. They will look over it again, but typically they respond with the same decision. In that case, you can move on to the next step in the appeal process.

Ask for a hearing

If you receive a second denial, you have the right to request a hearing before a judge where you can testify and provide expert witnesses, such as healthcare professionals, to testify on your behalf.

Request for a review

Should the first judge deny your claim, you can request that another judge review the case and the previous judge’s decision. The second judge is at the appeals council.

Sue the SSA in federal court

Should the second judge also deny your claim, your final option is to sue the SSA in federal court. You have 65 days from the date of the final decision for the second judge of the appeals council to file your civil lawsuit. This process requires a fee. However, you can request a waiver if you can prove you cannot afford it. You may need the help of an attorney to draft your summons explaining your complaint against the SSA.

If all your attempts fail, you can also try filing another application.

Practice Areas

Military Law
Family Law
Social Security Disability
Worker’s Compensation
Personal Injury