What if Social Security denies my disability claim?
You can appeal. Ask for reconsideration within 60 days of when you receive the decision. If that is also denied, you can ask for a hearing with an administrative law judge, again within 60 days. Social Security assumes you received a notice five days after the date on it unless you show otherwise. You can appoint a representative to help.
On this page
A denial letter is a decision, not the last word. The next step is time-limited. Read the date on the notice before you do anything else.
The 60-day clock
Once you receive a disability decision, you have 60 days to ask for reconsideration. That is the deadline on the reconsideration page. You can file the request online, or use Form SSA-561-U2.
Social Security assumes you received a notice five days after the date printed on it, unless you can show you did not. The hearing form page states that five-day rule for the reconsideration notice. If you are close to the deadline, file the request and keep sending evidence.
An examiner at Disability Determination Services reviews a disability reconsideration. That is a new look at the file, not a hearing.
If reconsideration is also a no
The next level is a hearing with an administrative law judge. You have 60 days from when you get the reconsideration decision. File online or use Form HA-501. For a disability hearing you also complete Form SSA-3441, the Disability Report for an appeal, and Form SSA-827, the medical release.
The hearing page says the hearing can be online, in person, or by phone. A judge reviews the evidence, asks about the condition, and may call medical experts or other witnesses.
Submit or tell Social Security about new evidence no later than five business days before the scheduled hearing. The HA-501 page says the judge may decline evidence that arrives later.
After the hearing
The judge can agree with the earlier decision, change it, or send the case back. If you disagree with the hearing decision, the next administrative step is the Appeals Council, then federal court. Those later steps have their own notices and deadlines. Follow the letter you actually received.
Appointing someone for the appeal
You can appeal yourself. If you want help, appoint a representative with Form SSA-1696. That person can file the request, gather records, and appear at the hearing. How to choose a disability representative is the checklist, including how Social Security caps the fee.
Do not wait for a representative to start the 60-day clock. File the appeal, then decide who, if anyone, will handle the rest.
While you wait
Keep medical treatment going when you can, and send new records in. How long an SSDI application takes explains why the wait for a hearing is a different clock from the five-month waiting period, which counts from the date Social Security finds your disability began.
The first-filing order is still in what to do when you need to file.
Sources
Where our facts come from
Who wrote this page
- Written by
- First Claim Guide editorial staff. Who runs this site
- Licensed professional
- None. No disability attorney or SSA-authorized representative has checked this page.
Ask about the first filing
A disability representative who serves your area may call about the claim. The call does not file anything or hire them.