What is the SSDI Appeals Process?

The Social Security Disability Insurance (SSDI) appeals process is designed for individuals whose initial claims have been denied. The process involves several key stages, beginning with a Request for Reconsideration, where a new examiner reviews your case. If the claim is denied again, the next step is a hearing before an Administrative Law Judge (ALJ). If the ALJ's decision is unfavorable, the case may be submitted to the Appeals Council for further review. Should all previous steps fail, you have the option to file a petition in federal court.

Navigating this complex process can be challenging, and enlisting the assistance of an experienced attorney can greatly enhance your chances of success. A skilled lawyer can provide invaluable support, ensuring that all necessary paperwork is completed correctly and that you are well-prepared for each stage of the appeal.

Step 1: Request for Reconsideration:

• If your initial application is denied, you have 60 days to file a request for reconsideration.
• You can submit an online form or mail completed form SSA-561-U2.
• A new examiner will review your case, but only 10%-15% of reconsiderations are successful.

Step 2: Hearing by an Administrative Law Judge (ALJ):

• If reconsideration is denied, you have another 60 days to request a hearing before an ALJ.
• The ALJ will review the decision, and about 50% of unfavorable rulings are overturned. Having a good lawyer will greatly increase your chances.
• The hearing is the best opportunity to get your benefits approved.

Step 3: Appeals Council Review:

• If the ALJ denies your claim, you can request the Social Security Administration Appeals Council to review the decision. Again, you have 60 days to file.
• The Appeals Council may "remand" the case or overturn the decision in rare cases. It typically reviews if there was a legal error in the ALJ's decision

Step 4: Petition to U.S. District Court:

• The final stage involves filing a lawsuit in a Federal Court.
• A district court judge reviews if there were errors in law or procedural mistakes made by the ALJ or Appeals Council.
• Success at this stage is unlikely without an experienced attorney.