How to Appeal a Denied SSD Claim
The Social Security Administration (SSA) denies most initial applications for Social Security Disability (SSD) benefits. But if you’ve been denied benefits, you shouldn’t lose hope. The SSD appeals process provides you with another opportunity to get benefits. At Fleschner, Stark, Tanoos & Newlin, we’re here to help you file a strong appeal—so you have the best possible chance of getting your claim approved.
Our national Social Security Disability attorneys help people across America appeal their SSD denials every day, and we want to help you too. And with our No Fee Guarantee®, you won’t owe us anything unless we get money for you. Let us get started on your claim today—just dial (800) 477-7315 or complete our free online form to get in touch with our 24/7 legal team.
The SSD Appeals Process
When you file an appeal, the SSA will take another look at your claim to make sure the evidence is complete and all necessary information is filled out correctly. The SSD appeals process has four levels:
During this initial step, the SSA reviews the evidence in your claim along with any new evidence you choose to submit and issues a new decision.
If you disagree with your reconsideration decision, you can request a hearing. During the hearing, an Administrative Law Judge (ALJ), who had no part in the first decision, will question you (and any witnesses you bring) about your claim. The ALJ may ask you to clarify the medical evidence in your case or present new information and will then issue a decision. Your Social Security Disability attorney will be present throughout the entire process.
- Appeals Council Review
Should you disagree with the decision of the ALJ, you can ask for your case to be reviewed by the SSA’s Appeals Council. The Appeals Council has the right to deny your request for review. If they decide your case warrants a review, they can either decide the case themselves or return your case to an ALJ for further action.
- Court Case
If you are denied an Appeals Council review, you can have your Social Security Disability lawyer file a case against the Social Security Administration in a federal or district court.
If you’ve been denied SSD benefits, contact Fleschner, Stark, Tanoos & Newlin. Our Social Security Disability lawyers are here to help you through every step of the appeals process.
Your Right to Representation
You have the right to have a representative help you prepare your SSD claim or appeal. According to the SSA, a representative can be an attorney, a friend, or someone you trust to assist you. Your representative must be approved by the SSA to act on your behalf and must not have been suspended or disqualified from representing others. At Fleschner, Stark, Tanoos & Newlin, all of our Social Security Disability attorneys are approved representatives.
If you choose Fleschner, Stark, Tanoos & Newlin to represent you, you are required to notify the SSA of your decision to appoint a representative. Before we start working on your claim, we will complete form SSA-1696 (Appointment of Representative) or send in your written statement naming one of our Social Security Disability lawyers as your representative.
In most cases, we cannot charge you fees for our services until the SSA approves a written fee agreement or fee petition. This paperwork can be completed before or after your SSD claim is resolved. We will not charge you more than the SSA approves, and you won’t owe us for our services unless we get money for you.
If you have questions about your right to hire an SSD lawyer, contact our 24/7 legal staff today.