How to Appeal a Judge's Unfavorable Disability Decision

The Social Security Administration (SSA) provides disability payments to individuals who have a sufficient work history where Social Security taxes were paid. SSA provides Supplemental Security Income (SSI) to low-income disabled individuals who do not qualify for disability. You may apply for Social Security disability and SSI at your local SSA office or online at ssa.gov. If you are denied after submitting your initial application, you have the right to appeal the decision. During this level of appeal, another SSA reviewer will look over your case and make a determination. If you are denied again, you will be required to attend a hearing with an administrative law judge (ALJ). If you are denied at this level, you have the right to appeal the ALJ's decision.

Instructions

• 1

  Review the disability denial letter and note the date on the letter. You must file your appeal within 60 days of the date on this letter. Also, take note of the reasons for being denied disability benefits.

• 2

  Complete SSA's form entitled "Request for Review of Hearing Decision/Order." This form requires your full name, Social Security number, address, telephone number and reason for the appeal.

• 3

  Gather medical records, employment records, statements from family, friends and other individuals familiar with your disability and any other records that support your disability. These records should focus on how your disability specifically prevents you from maintaining gainful employment.

• 4

  Submit the request for review form and all supporting documentation to your local SSA office before the deadline noted in step 1. If you are unsure where your local SSA office is located, you may contact SSA at 800-772-1213. A different ALJ will review your disability case and make a determination. If you are denied benefits on this appeal, you have to file a case in federal court.

• 5

  Hire an attorney if you do not already have one. You must have an attorney for the final appeal. Your attorney will assist you with filing a case in district court against SSA.