How to Appeal Social Security Disability

Getting Social Security Disability Insurance (SSDI) benefits is notoriously difficult. Many of those who apply get denied the first time around. If you have the patience to appeal the decision, you could end up gaining back pay in addition to monthly benefits. There are different levels of appeal, and you can take your claim as far as you choose.

Things You'll Need

• Forms for the proper appeal level
• Attorney (optional)

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Instructions

• 1

  Review your original denial letter from the Social Security Administration (SSA). There are four levels of appeal: reconsideration, a hearing with a judge, the Appeals Council and a federal court hearing. Your denial letter will tell you why you were denied, verify which level of appeal you're at and which forms you will need to file. Appeals at all levels require the filing of SSA-3441 and SSA-827 by mail or in person, and these should be turned in at the same time as the forms for your specific level of appeal. Note the time limit you have to file, usually 60 days from the date of the denial letter.

• 2

  Gather any new evidence that can be used to support your claim for appeal. You'll need to submit any documents or testimony that can help the SSA see that you are disabled and need SSDI benefits. Reference the reason stated in your denial letter and tailor your reconsideration filing to that. File for your first appeal (reconsideration) after you have gathered your evidence, old and new. The forms you need for this are located on the SSA website or at your local office (form SSA-561-U2 as well as the ones from Step 1).

• 3

  Consult with several attorneys if you are denied again. While an attorney is not required, it may make the process easier for you and take some of the burden off of you. Do not give any attorney money up front, as the SSA is very strict about payment for representation in matters of Social Security Disability. They are only to be paid if you win your case and can only take a certain portion of the award. The payment agreement must be approved by the Social Security Administration; your attorney will file this information.

• 4

  Choose the attorney you feel will best represent you (if you choose to use an attorney) and file your second appeal. The forms you will use at this stage are HA-501-U5, HA-4631, HA-4632 and HA-4633 (if you have been working). Remember to also file form SSA-1696 to appoint your representative formally. The hearing with the administrative law judge (ALJ) will take some time to schedule, so this gives you time to get your paperwork in order and arrange for witnesses. It is most effective if you appear at your hearing and give testimony regarding your disability. Comply with any suggestions your lawyer has as far as preparation for and presentation at the hearing.

• 5

  File for your third-level appeal if the judge does not find in your favor. Contact your local SSA office for the necessary paperwork or print the forms online (use HA-520). The staff at the SSA will assist you for free, or you may choose to use your attorney if you already have one. Submit all your evidence to the Appeals Council for another review.

• 6

  Prepare to see a federal judge. Sometimes the Appeals Council will rule but other times, they will send your appeal to federal court. If they do not rule in your favor, you have the option of appealing it in federal court also. Contact your local office for this form as it is not available online. You should again gather testimony from doctors and medical staff, get all your health records and medical bills and any other evidence that will support your case. It is essential to appear at your court date, even if transportation is difficult due to your disability.