Appealing an SSDI or SSI Denial – In Any State or City
Both SSDI and SSI benefits can be denied if the Social Security Administration does not believe an applicant has met the criteria for approval. A denial notice will be sent, which must be appealed within 60 days. Our Social Security Disability lawyers have had much success getting claims approved that had initially been denied, establishing benefits for our clients across the country.
The SSA provides multiple levels to appeal, which must be attempted in order. They begin with an informal review for reconsideration of an applicant’s claim by an examiner at the Disability Determination Section (DDS) who was not involved in the denial.
Disability Appeal Hearing
If a denial is issued by the second examiner reconsidering the initial denial, a disability appeal hearing is conducted by an administrative law judge who will review the claim and listen to arguments about why a claim should be approved.
Appeals Council Review
Social Security’s National Appeals Council denies, grants, or dismisses a review request. The council will review a denial by the judge in a disability hearing if it grants a review.
Federal District Court
A claim denial by the Appeals Council leaves one more possible option by filing a lawsuit in federal district court. Applicants can claim there was a procedural error or the law was not applied properly.