Advice for Appealing a Social Security Disability Denial
Receiving a denial of Social Security Disability benefits can be discouraging, but an initial denial does not necessarily end the claim. Applicants generally have the right to ask the Social Security Administration to review the decision.
An appeal should be approached carefully. Deadlines, updated medical information and accurate descriptions of your limitations can all affect how the claim is evaluated.
Read the Denial Notice Carefully
The denial notice explains why Social Security did not approve the claim. It should also identify the next available level of appeal and the deadline for submitting the request.
Possible reasons for a denial may include:
- Insufficient medical evidence
- A finding that the condition is not severe enough
- A finding that the applicant can perform past work
- A finding that the applicant can adjust to other work
- Failure to provide requested information
- Failure to attend a scheduled examination
- A nonmedical eligibility issue
Understanding the stated reason can help identify what information may need clarification or further development.
Pay Attention to the Appeal Deadline
A request for reconsideration generally must be filed within 60 days after receiving the decision. Social Security usually assumes that a notice was received five days after the date printed on it unless the applicant can show otherwise.
Missing the deadline may cause the previous decision to become final. Social Security may extend the deadline when it finds good cause, but an applicant should not assume that an extension will be granted.
Keep a copy of the appeal and proof showing when it was submitted.
Appeal Instead of Automatically Starting Over
Filing a new application is not always the same as appealing the existing decision. A new application may affect the period being considered and may not preserve rights connected with the original filing date.
Review the denial notice and understand the available appeal option before deciding how to proceed.
Provide Updated Medical Information
The appeal provides an opportunity to report changes that occurred after the original application. Updated information may include:
- New doctors, clinics or hospitals
- Recent medical appointments
- New diagnoses
- Additional tests or imaging
- Hospital or emergency-room visits
- Changes in medication
- New treatment recommendations
- Changes in symptoms or functional abilities
Provide accurate contact information and treatment dates so that relevant records can be identified.
Explain How Your Conditions Limit Work
A diagnosis alone may not show why an applicant cannot sustain work. Social Security evaluates how physical and mental impairments affect work-related functioning.
Describe limitations involving activities such as:
- Sitting, standing and walking
- Lifting and carrying
- Reaching and using the hands
- Concentrating and remembering
- Following instructions
- Maintaining an appropriate pace
- Interacting with other people
- Handling stress or workplace changes
- Attending work consistently
Use specific, truthful examples rather than broad statements.
Review Your Work History
Social Security may compare your current abilities with the demands of your past employment. Make sure your work-history information accurately describes:
- Your job duties
- The physical demands of each job
- Equipment and tools used
- Skills required
- Supervisory responsibilities
- Mental and interpersonal demands
- Reasons you stopped working or reduced your hours
Job titles alone may not provide enough information because the same title can involve different duties in different workplaces.
Explain Changes Since the Initial Application
The Disability Report–Appeal is used to update Social Security about changes in medical conditions, treatment, daily activities, work and education.
Report whether your condition has:
- Become worse
- Improved
- Remained unchanged
- Resulted in new limitations
- Required additional treatment
- Led to new diagnoses
Complete the appeal forms as fully and consistently as possible.
Continue Appropriate Medical Treatment
Ongoing medical treatment may help manage the condition and provide updated evidence about symptoms, examination findings and functional limitations.
If treatment has been interrupted because of cost, lack of insurance, transportation issues, side effects or another reason, document and explain the circumstances accurately. Medical decisions should be made with a qualified healthcare provider.
Respond to Social Security Requests
During an appeal, Social Security may request forms, treatment information, authorization to obtain records or attendance at a consultative examination.
Keep your mailing address, telephone number and email address current. Respond promptly to correspondence and retain copies of submitted documents.
Be Accurate and Consistent
Social Security may compare information from applications, appeal forms, medical records, work reports and testimony.
Review the information before submitting it. Avoid exaggerating or minimizing symptoms. If you do not remember an exact date or detail, explain that the information is an estimate rather than guessing.
Prepare for the Next Level of Review
Reconsideration is generally the first appeal after an initial disability denial. If the reconsideration decision is also unfavorable, the applicant may be able to request a hearing before an administrative law judge.
Each notice should be reviewed promptly because a new appeal deadline may apply.
Learn More About Your Appeal Options
Disability appeals can involve detailed medical, vocational and procedural issues. Understanding the denial reason and submitting timely, complete information may help Social Security properly review the claim.
Disability Attorney in Texas provides general educational information about disability denials, reconsideration requests, appeals and hearings. Visitors may submit an inquiry to explore options for connecting with independent legal assistance.
