How to Win a Social Security Disability Appeal

The Social Security Administration may deny your application for Social Security disability insurance (SSDI) even though your disability should make you eligible for benefits. In fact, the majority of initial applications are denied. But you have the right to appeal the decision. The SSA gives four opportunities to appeal its decision. The disability attorneys at Ellis & Associates can guide you through the process and increase your chances of winning your Social Security disability appeal. Scroll down if you want to better understand the appeals process.

Steps to Take to Win Your SSDI Appeal

1. Review the Denial Letter Carefully

Your denial letter contains key information about the reasons the SSA denied your claim and the deadline for filing a Social Security disability appeal. The agency denies applicants for two reasons: medical or technical denials.

Medical denials are the most common and occur when the SSA believes your condition doesn’t qualify you for benefits. This type of denial is easier to win on appeal than a technical denial.

A technical denial occurs when the SSA determines you do not meet the eligibility criteria for SSDI. You can still appeal this type of denial, but you’ll need to show that the SSA has the wrong information about your work or income history. If you were denied because you don’t have enough credits, you might still be able to apply for Supplemental Security Income (SSI), which is another program the SSA offers for disabled people who lack a sufficient work history.

2. File for Reconsideration

The first stage of a Social Security disability appeal is to ask for reconsideration. You must file a reconsideration request within 60 days of the date you were denied as reflected on your denial letter. If you miss this deadline, you’ll have to start the application process over. You can file the required forms online to request reconsideration. These include the following:

• • Form SSA-561, Request for Reconsideration

• • Form SSA-3441, Disability Report – Appeal

• • Form SSA-827, Authorization to Disclose Information

You also should write an appeals letter that details why you believe the SSA made the wrong decision. On Form SSA-561, you’ll see a question that states you don’t agree with the determination and ask for reconsideration. The prompt will then say “My reasons are . . .” Simply state, “See the attached letter,” and write your reasons on a separate page.

Your disability attorney at Ellis & Associates can help you understand what to say in this document, but you should be honest, thorough, and consistent.

3. Submit New Medical Evidence

The SSA gives medical denials when the applicants’ medical evidence is insufficient to prove they qualify. You can provide additional medical evidence to support your case.
Send anything you didn’t originally submit, and if you have new documentation, include it.

You can also ask your doctor to write a letter about how your disability affects your ability to perform the activities of daily life. Ask your doctor to complete a residual functional capacity assessment, which assesses your ability to perform functions necessary for work.

4. Retain an Attorney

Retaining an experienced disability attorney at Ellis & Associates to represent you on your appeal is among the most important steps to take. Your attorney will file the appeal and supporting documents for you and will explain the additional evidence you might need to increase your chances of winning. They will help you gather information and documents, might recommend additional medical tests, and represent you at your SSDI appeal hearing.

5. Keep All Medical Appointments

Continue to see your doctor and follow all recommendations. If you fail to keep up with your treatment, the SSA will think your condition is not as severe as you claim. Provide copies of your medical records as you attend appointments and undergo exams. All of this information can help to support your appeal.

If your medical condition has worsened, provide evidence of that to the SSA with your appeal. Everything you submit will be placed in your file for the Administrative Law Judge (ALJ) to review before the hearing.

6. Go to the Cumulative Exam If Required

If the SSA asks you to go to a cumulative exam, you should do so. This examination is meant to determine the seriousness of your disability and how it impacts your ability to return to work.

7. Prepare for the Hearing

Your attorney will work with you to help you prepare for your hearing. Your testimony will be important for winning. Your lawyer will help you practice answering questions the ALJ is likely to ask you and help you understand how to answer them.

Talk to Ellis & Associates

Receiving a denial letter can feel overwhelming when your disability prevents you from working. By following these steps, you can increase your chances of winning your disability appeal. Contact the experienced disability lawyers at Ellis & Associates to learn more about your case and the appeal process by calling us at 800-MR-ELLIS or sending us a message online.