There are four steps in the SSDI appeals process. Those steps include Request for Reconsider, Administrative Law Judge (ALJ) hearing, Appeals Council, and Federal Court Review. We will take a closer look at the steps of the appeals process and the likelihood of your claim being approved along with what evidence you should provide for your claim.
Request For Reconsideration
If you apply for disability benefits, you will receive a letter that indicates if your claim was approved or not. If your claim has been denied, the letter will indicate why your claim was not approved. You will also have a set number of days in which you can file an appeal, which at this stage is a request for reconsideration. If you have additional evidence, you will need to submit it along with the request for reconsideration. At this stage, the disability examiner will once again review your claim and see if the initial ruling was incorrect.
Administrative Law Judge (ALJ) Hearing
If your claim is once again denied after the request for reconsideration, you will need to request a hearing before an administrative law judge. To get a hearing date with an ALJ can take some time, and your hearing may be set for several months ahead. More claims are approved at the hearing level. You will be questioned by the ALJ, and most likely, a vocational expert will be in attendance. The vocational expert will review your records and your responses then determine if you are able to work, and if so, what kind of work you can do.
Appeals Council
If your claim is still denied after the ALJ hearing, you will take your claim to the next level, which is the Appeals Council. The Appeals Council will decide whether your claim should be reviewed, and if they agree a review is in order, they will consider the issues that the ALJ considered, including those in your favor. The Appeals Council will either review your request or send it back to an ALJ for further review. You will be notified of a decision.
Federal Court Review
If your claim is denied at the Appeals Council level or if they decide not to review your claim, the next step would be to file a civil lawsuit in the Federal district court. If you file a lawsuit seeking judicial review of the final decision made by the SSA on your disability claim, the SSA staff will prepare the claim for court filing. However, you will pay a fee for filing the lawsuit in Federal court.
Get Help With Your Appeal
Disability claimants who are represented by an attorney may be much more likely to have their disability claim approved and be awarded disability benefits. If you have been denied disability benefits and you are unable to work, you should enlist the help of a disability lawyer. Complete the Free Case Evaluation Form on this page to share details with an attorney who handles Social Security Disability claims in your area.
