What to Expect When Appealing Your Disability Claim

The Appeals Process

After the Social Security Administration (SSA) initially denies your disability application, you are invited to submit your application for reconsideration by someone who wasn't involved in your original case. If you are denied after reconsideration, you may ask for a local hearing. If the administrative law judge at the hearing denies your case, you may ask for a review by the Appeals Council. Beyond this, the final option is to take your case to federal court. At every stage, your letter of denial will explain in detail what the next step in the appeals process is and how you may appeal the decision.

After you've submitted your appeal, which must take place within the 60-day period following the date you receive a letter of decision from the SSA, you must wait for the SSA to review your appeal. If you're in the first step of the process -- reconsideration -- you probably won't have to wait more than four months. For the subsequent levels of the process, it can take a year or more for the SSA to make a decision and notify you.

If you're waiting for a hearing, a decision from the Appeals Council or a decision from the federal court, you may want to look elsewhere for financial aid in the meantime. If you are age 65 or older, you may be able to get help with your medical bills by applying for Medicare. If you have a low income, you may qualify for the state-run health insurance program Medicaid. To apply for government health insurance, contact your local Social Security office (ssa.gov). You may also apply for Medicare online at ssa.gov. Your state may also offer worker's compensation benefits if you were injured on the job, or you may be able to obtain other government aid depending on your specific situation.

If you were already receiving disability benefits and the SSA has notified you that your benefits will stop, you must appeal within 10 days after receiving your letter in order to keep receiving benefits during the remainder of the appeals process. If you are worried about losing your benefits during an appeal (or if you simply want help with the process), it may be wise to hire an attorney. Having an attorney helps increase your probability of winning your case.