Disability Benefits Appeals
Between 60-70% of initial applications for disability benefits are denied every year. If your application is denied, you will receive a written notice. If you want to appeal the denial, you must request an appeal in writing within 60 days of the date you receive your notice. The notice will tell you how to appeal. There are 4 levels in the appeals process; you may not have to go through all the appeal levels. The appeals process can take months or years. Northwest Access Fund is not able to provide support with appeals.
The Appeals Process
Step 1: Reconsideration
What is it?
A reconsideration is a complete review of the claim by someone who did not take part in the initial decision. All evidence will be reviewed, and new evidence can be submitted. You will receive a written notice explaining the decision. If the reconsideration is approved, benefits will start. If the reconsideration is denied, you can request a hearing by an administrative law judge.
How do I request it?
You can request a reconsideration online or by submitting form SSA-561 by mail. You will also need to submit a Disability Report-Appeal form.
Step 2: Hearing by an Administrative Law Judge
What is it?
The hearing will be conducted by a judge who will review all of the records from the initial application and reconsideration. New evidence can be submitted. Medical and vocational experts may be involved in the hearing. You will receive a written notice explaining the decision. If the judge approves your appeal, benefits will start. If the judge denies your appeal, you can move to the Appeals Council, file a new claim, or end the application process.
How do I request it?
You can request a hearing online or by submitting form HA-501 by mail.
Step 3: Review by the Appeals Council
What is it?
The appeals council may grant, deny, or dismiss a request for review. If the Appeals council decides to review your case, it will decide the case or return it to the administrative law judge. New evidence can be submitted. If the appeals council denies or dismisses the appeal, you can move to the federal court review, file a new claim, or end the application process.
How do I request it?
You can request a hearing online or by submitting form HA-520 by mail.
Step 4: Federal Court Review
What is it?
The last level in the appeals process is to file a civil suit in a Federal District Court. There is a fee for filing a civil action in Federal Court.
Finding an Attorney
Why do I need an attorney?
You are more likely to be successful in the appeal if you work with an attorney.
How do I find an attorney?
You can use the following resources to find an attorney:
- American Bar Association
- National Organization of Social Security Claimants’ Representatives
- National Association of Disability Representatives
- Justia
How much does an attorney cost?
As of 2024, the fees attorneys charge for appeals cannot be more than $7,200, but the Social Security Administration may increase this amount in the future. Most attorneys will only collect fees if your claim is approved and will charge a percentage of the backpay awarded. Avoid attorneys who charge a monthly fee.
Questions to ask prospective attorneys:
- How will fees be charged and collected?
- What experience does the attorney have with disability benefits appeals?
- How successful has the attorney been with similar cases?
- Based on information and records provided, how long does the attorney estimate the case might take?
- Does the attorney recommend new evidence be gathered and submitted? What kind of additional evidence do they recommend?
- How often should communication from the attorney be expected?
- How should any medical updates be communicated and documented?
- How can the attorney provide support in communicating with the Social Security Administration?
Have questions?
If you have questions about disability benefits, ask a coach! Click the button to ask your questions and we’ll do our best to get back to you within 3 business days. If your situation is complex, we may ask you to schedule a free session so that we can give you the best information possible. If your question falls outside our expertise, we may refer you to someone else who can help.