Social Security Lawyer: How to Appeal a Social Security Disability Denial

September 5, 2021

Author: Charlotte Henry

If you've applied for Social Security disability and your claim was denied, you're not alone. More than 60% of initial applications are denied. You'll receive a denial letter in the mail, which you'll want to keep and give to a Social Security lawyer when appealing the decision.

Why You Need to Keep Your Denial Letter

The Social Security Administration sends a denial letter to all claimants who are denied. A Social Security disability attorney will ask for this letter because it's vital to understanding why your claim was denied and which approach to take when filing an appeal.

The letter will include:

Medical condition description
Impairments considered in the decision
Records considered to make the decision
Explanation of your denial

An explanation is often included in the denial letter. Your lawyer will use this explanation to better understand the reason for denial and strengthen your appeal. If you don't have the denial letter or no explanation for denial was provided, you can request the file from the Social Security Administration.

Why You Should Hire a Social Security Lawyer

A denial doesn't mean that you're not disabled. However, you have the burden of proof to show that you're disabled, unable to work in a field that you've worked in previously and that your disability prevents you from working the same or another job.

The appeals process has a low approval rate of less than 10%.

Working with a social security disability attorney can help you:

Improve your reconsideration to be approved
Understand why the initial claim was denied
Gather the necessary documents and records for approval

Many attorneys do not require an upfront payment for their services. Instead, they'll often request a percentage of your back payments from disability. The percentage is usually 25% or less of the back payments you receive if the appeal is approved.

A social security disability attorney improves your odds of winning an appeal and receiving the benefits that you deserve.

What to Expect from the Appeals Process

A social security disability lawyer will walk you through the request for reconsideration, but you need to act quickly. You have 60 days to file a reconsideration from the time that you receive your denial letter.

The reconsideration involves:

Review of your file by a medical examiner
Addition of necessary or new records backing your claim

Reconsideration requests are unlikely to be approved if no further information is provided and no significant changes have occurred since your initial claim. If your condition changed, you were hospitalized or underwent surgery, the chances of approval will rise.

When you work with an social security appeal lawyer, you're three times more likely to win a reconsideration if you have a lawyer. If a second denial is received, you can ask for an Administrative Law Judge to hear your case.

If your case goes in front of a judge, it can be 12 to 16 months before a hearing.

An attorney can represent you in court. You may opt for a telephone or video hearing, but many applicants feel that they'll have a higher chance of approval if a judge sees their condition in person.

Navigating an SSA reconsideration claim is a lengthy, intense process. Working with a Social Security disability attorney improves the likelihood of winning reconsideration and receiving your benefits.