Submitting an application for Social Security is a simple process. But getting approved isn’t so simple.
On average, more than 50% of SSI applicants are denied on their initial applications. Unfortunately, many of these workers have serious and lasting impairments that make it difficult to earn money. Receiving a denial in the mail can be frustrating and lead to financial burdens. Fortunately, you can appeal this decision either on your own or with a social security lawyer.
The SSDI Appeal Process
The 4 levels of appeals are as follows:
1) Reconsideration Request
Your rejection notice should include information on how to appeal the denial but in general, you’ll need to contact your local Social Security office. In a reconsideration, a different medical examiner reviews the facts in your case and the process typically takes a few months. Unfortunately, 90% of reconsideration requests will also be rejected.
2) ALJ Hearing
If your reconsideration request was denied, your next step is escalating your case to an Administrative Law Judge. You must submit the appeal within 60 days of your rejection. This step has the best chance of getting approved with more than 50% of appeals being accepted in this step. In addition, this step usually takes less than 6 months.
3) Appeals Council
At this stage, your appeal is unlikely to succeed. It is also one of the longest stages, with waiting periods of more than a year. The Appeals Council can dismiss a case without even reviewing it. On average, only about 2 to 3 percent of appeals are approved at this stage.
4) Federal Court
Once you have exhausted all levels of appeal, your only option is to sue in federal court. While there is a moderate chance of winning, it is not an ideal scenario. Lawsuits in a federal suit cost a significant amount of time and money. Furthermore, lawsuits at this stage can take many years to complete.
Seek Legal Counsel for the Best Chance at Success
As shown, the process of applying for Social Security is filled with challenges. Many applicants that could have been approved were instead rejected due to errors on paperwork, not adhering to deadlines, or simply not providing enough relevant information on their claim. The best chance at getting approved is during your initial application and the first two steps of the appeal process. Unfortunately, too many individuals wait to hire an SSDI attorney until they’ve exhausted all appeal options except for a lawsuit. By hiring an expert from the start, you can increase your chances for approval and eliminate the risk of hardship should you be rejected.