What to Do If Your Social Security Disability Reconsideration Appeal Was Denied
Did you recently receive a letter saying that your Social Security Disability reconsideration appeal was denied?
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. Today, we’re going to talk about what to do if your Social Security Disability reconsideration appeal was denied.
Step 1: Review the Denial Letter
You’ll want to carefully read the denial letter from the Social Security Administration to understand:
- The reasons for the denial
- Any additional information or evidence that was received
- Any evidence that might be missing from your file
This information is essential in preparing the next steps in your appeal.
Step 2: Understand the Deadlines
Make sure you are aware of the deadlines for further appeals.
⏳ You have 60 days from the date of the denial letter, plus five days for mailing, to request the next appeal.
Failure to meet this deadline could result in having to start the application process all over again.
Step 3: File the Appeal and Request a Hearing
If your reconsideration appeal was denied, you can request a hearing before an Administrative Law Judge (ALJ).
You will need to:
- Complete the necessary forms required by the Social Security Administration, including the Request for Hearing by Administrative Law Judge
- Be sure to include any additional evidence or updated medical documentation that supports your case
Step 4: Continue Gathering Additional Evidence
Take the time to collect:
- New, updated, or missing medical records
- Treatment notes
- Expert opinions from healthcare providers
Ask your providers to submit documentation that clearly illustrates the severity of your condition and how it impacts your ability to work.
Step 5: Consider Legal Representation
If you haven’t already, now may be the time to consider hiring a Social Security Disability attorney.
An experienced attorney can:
- Provide expert advice
- Help gather evidence
- Represent you during the hearing process
- Advocate for you at every step
Step 6: Prepare for the Hearing
Work closely with your attorney, if you have one, to prepare for your hearing.
You’ll want to:
- Refresh your memory about your medical history
- Be ready to explain what you have done to try to get better
- Prepare to discuss your daily activities and limitations
Step 7: Attend the Hearing
Attend the hearing scheduled before the Administrative Law Judge and present your case.
Be honest, thorough, and concise in your responses.
If you have an attorney, they will help guide you through the process and advocate on your behalf.
Step 8: Await the Judge’s Decision
After the hearing, the ALJ will review the evidence—including your testimony—and issue a written decision.
Please note:
- It may take several weeks or months to receive the decision by mail
- If denied again, you may move forward to the next level of appeal
Step 9: Explore Further Appeals
If the ALJ denies your claim, you can request a review by the Appeals Council.
The Appeals Council will:
- Review the ALJ’s decision
- Determine whether to deny or grant your request for further review
Consult with your attorney to decide whether to proceed to the Appeals Council or explore other legal options, including federal court.
If you’re disabled and unable to work, we’re here to help. Click this scheduling link or call us directly to schedule a free consultation where we’ll discuss your case and see how we can help you.
