Social Security Disability Appeals Process

SSDI denials can be appealed. More than 60% of initial claims are denied – often because of missing information, technicalities or not enough medical documentation to support the claim. Sokolove Law can help simplify the complicated appeals process.

Can I Appeal My Social Security Disability Denial?

Yes! Here's How to Appeal if You Believe You Were Unfairly Denied:

If your claim is denied, request Reconsideration.

As part of the appeals process, an SSA employee who did not review your case initially reviews the original decision plus any additional information you submit during Reconsideration. Most likely, you will not need to be present during this time. You may want to enlist the help of a Social Security Disability attorney prior to submitting your Reconsideration appeal.

Ask for a hearing if the Reconsideration decision is unfavorable.

An Administrative Law Judge (ALJ) who has never seen your claim will oversee the hearing. Hearings are often held within 75 miles of your home or via video conference. Video conference hearings are typically faster to schedule and may be more convenient for both you and your witnesses.

  • Before the hearing: Many Administrative Law Judges ask for more information about your claim and medical condition. You have the right to look at the information in your file and offer new information to the judge.
  • Witnesses: Witnesses for both you and the SSA (such as medical or vocational experts) testify at the hearing. The Administrative Law Judge, you, your representative or attorney, and the SSA's team can question witnesses.
  • Attending hearings: Whether it is in person or via video, the SSA strongly suggests that you attend. Your SSDI attorney at Sokolove Law is available to help prepare you for this event as well as accompany you and speak on your behalf.
  • The verdict: After the hearing, the Administrative Law Judge will review all of the evidence and make a decision regarding your disability status and eligibility for receiving

Appeal to the Social Security Appeals Council if the Administrative Law Judge decides against you.

You may ask the Appeals Council to review the hearing decision. The Social Security Disability Insurance lawyers at Sokolove Law can help you file and prepare for this appeal.

The Appeals Council reviews all requests, but may not choose to reopen your case. If they do decide to open your claim request, they will make a decision themselves, ask the Administrative Law Judge from your hearing to reconsider the verdict, or have your claim heard at a hearing in front of a different Administrative Law Judge.

File a lawsuit in federal court.

In the rare event you reach this level of appeal, the Social Security Disability attorneys at Sokolove Law will advise you on how to file a lawsuit in federal court in order to ask the court to overturn

How Sokolove Law Could Help You

Sokolove Law, a national disability insurance law firm, can advise you about Social Security Disability claims during any step of the often confusing and lengthy SSDI process.

We offer a free, no obligation legal consultation and will not charge anything until the Social Security Administration accepts your claim and you receive monthly cash payments.

Our attorneys will help to simplify the SSDI process so that you can concentrate on your health.

Let Sokolove Law assist with your application or appeal. Complete the form on this page or call us for a free no-obligation case consultation.

Why Sokolove Law?

For more than 45 years, we've helped people get the legal support they need regardless of race or income. We offer free no-obligation legal consultations and don't receive any fees until you receive monthly cash payments from the Social Security Administration. We review claims 24 hours per day and assist clients in all 50 states.

Why hire a Social Security Disability Attorney?

Disability insurance claim paperwork can be complex and frustrating – additional stresses that can further complicate your health. We simplify the SSDI application, appeals and hearing processes by taking the burden off of you and fighting for your rights.

Sokolove Law Team

Contributing Authors

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

Last modified: May 10, 2024