How to Appeal a Denied Social Security Disability Claim

Have you recently been denied Social Security disability benefits and don’t know what to do next?

My name is Kaitlin Wildoner and I’m an attorney who helps disabled clients obtain their disability benefits as quickly as possible so they can focus on getting better. 

In this video I will be discussing how to appeal a denied Social Security disability claim. There are many reasons why a Social Security disability claim may be denied, such as insufficient medical evidence, you may not meet the eligibility requirements, or you may not be following the prescribed treatment of your treating sources. 

It’s important to understand why your claim was denied to determine the best course of appeal. The first step in appealing a denied Social Security disability claim is often to request a reconsideration. This involves submitting a request to have your claim reviewed by another examiner, different from the one who initially reviewed your file. During this process you may be asked to provide additional information, such as updated medical records or a list of medications. It’s important to note that the majority of reconsiderations are also unfortunately denied. Therefore, if your reconsideration is denied, the next step is to request a hearing with an administrative law judge.

During that hearing, you will have an opportunity to present evidence and testimony to the judge. The judge will likely ask questions about your background, your work history, your medical conditions, and how the medical conditions impact your ability to perform activities of daily living. It’s recommended to have an attorney during that hearing process so that he or she can help you prepare and present your case effectively.

If the hearing is unsuccessful and the administrative law judge denies your case, the next step is to file an appeal with the Appeals Council. The Appeals Council will review the judge’s decision and determine if there were any errors of fact or of law made in the decision, that if those errors were not made, may have resulted in a favorable decision. 

If the Appeals Council denies your appeal, you may be able to file a lawsuit in federal court. To increase the chances of a successful appeal, it’s important to submit accurate and detailed information about your medical condition, your medical providers, and how your condition impacts your ability to work. Seeking medical treatment and following the doctor’s orders can show that you’re taking your condition seriously. Additionally, gathering supporting evidence, such as statements from doctors, co-workers, or family members can also be helpful. 

It’s important when dealing with Social Security that you’re always honest and transparent and that you don’t exaggerate or downplay your symptoms. It’s highly recommended to have an attorney during the appeals process to ensure that you’re presenting the strongest case possible. 

Thanks so much for watching. If you’re disabled and unable to work, click the scheduling link here or give us a call directly for a free consultation where we discuss your case and see what I can do to help you.