How Can You Appeal a SSDI Decision?

On This Page

1. Levels of SSDI Appeals
2. Filing a New Claim
3. Reasons the SSA Denies Your SSDI Benefits Application
4. Berger and Green Can Help With Your Appeal

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

According to the Social Security Administration (SSA), you can appeal a SSDI decision by filing online and providing documentation electronically. Berger and Green can help you with your appeal.

Social Security Disability Insurance (SSDI) supports those who have become disabled and have previously worked for the required amount of time needed to qualify for SSDI benefits. Unfortunately, the SSA denies most initial applications for SSDI benefits.

If the SSA denied your application, we can help you request an appeal. The SSA has to receive your request within 60 days of the denial notice.

Levels of SSDI Appeals

According to the SSA, there are generally four levels of appeal:

• Reconsideration
• A hearing by an Administrative Law Judge (ALJ)
• A review by the Appeals Council
• A Federal Court review

You will receive a letter informing you about the decision on your claim and how you can proceed with an appeal.

Reconsideration

During a reconsideration, a person who was not involved in the original decision will review your claim. Reconsiderations will typically involve a review of your files and any new medical evidence that you have provided.

Hearing by an Administrative Law Judge

If your claim is denied upon reconsideration, we can ask for a hearing with an ALJ who had no part in either the original decision or the reconsideration process. It can be helpful to have an attorney by your side for the hearing.

There may also be other witnesses and expert medical witnesses at the hearing. The ALJ typically decides on your claim after the hearing, and you will receive a letter detailing the decision.

Appeals Council

If you do not agree with the ALJ’s decision, you have the option of asking for a review by the SSA’s Appeals Council. The Appeals Council can deny your request, hand it back to an ALJ again, or make a decision regarding your claim.

Federal Court

If your claim is rejected again, your final recourse can be filing a lawsuit in federal court.

Filing a New Claim

While you can appeal an SSDI decision numerous times, in some cases, it could be advantageous to file an entirely new SSDI claim.

Filing a new claim can be beneficial if you have been denied by an ALJ and your condition has worsened significantly in the meantime or you have been denied by the Appeals Council.

Filing a new claim can be important when an individual requires a quicker decision since some parts of  the appeals process can be lengthy. However, it can be tricky to know whether to file an appeal or an entirely new claim. A Pittsburgh, PA Social Security Disability lawyer from Berger and Green can analyze your case and advise you on the best course of action.

Reasons the SSA Denies Your SSDI Benefits Application

There can be various reasons why your SSDI claim was denied, including mistakes on the application form, inadequate medical evidence, or missing an important filing deadline.

The SSA might also deny SSDI benefits if they do not consider an applicant’s condition severe or disabling enough to qualify them for any benefits. While these are the main reasons why the SSA denies claims, in some cases, denial can occur due to other reasons such as:

• Not cooperating adequately with the SSA
• Not turning up for medical treatments or not following a doctor’s orders
• Having a disability caused during the commission of a crime
• Committing SSDI benefit fraud
• Having a disability caused by alcohol or drug abuse

However, any denial of your claim does not necessarily mean that you will be unable to obtain SSDI benefits. You can appeal a SSDI decision several times if required and potentially still recover the benefits you deserve and need. A Social Security Disability lawyer from Berger and Green can assist you with your appeal.

Berger and Green Can Help With Your Appeal

If the SSA denied your application in the first instance, an attorney from our firm can help you appeal a SSDI decision and represent you throughout the appeals process.

The SSDI attorneys at Berger and Green understand the complicated and lengthy appeals process and can apply their knowledge and experience to help further your appeal.

An attorney can typically assist with:

• Guiding you through the various stages of the appeals process
• Telling you what paperwork you need to prove your disability
• Representing your case at an appeals hearing and preparing you for questioning
• Staying in contact with the SSA and keeping you updated on any developments

Do not risk having your claim denied time and again. Having Berger and Green assist you with your SSDI appeal can potentially help you prevent further denials. We know how to handle SSDI claims and appeals and can work tirelessly to help you get what you deserve. Call us today for a free case review at (412) 661-1400.