How Many Times Can You Appeal Disability?
There is no limit to how many times you can appeal your disability claim. There are four levels to the appeals process, and after you've exhausted them, all you need to do is file a new claim.
When you have a disability that prevents you from working, crushing financial pressures can make life unbearable. Bills pile up, and you don't know where you'll get the cash to buy needed medications.
The good news is that Social Security disability benefits can provide much-needed financial relief. The system is set up so that if you can't work due to a disability, Social Security Disability Insurance (SSDI) is supposed to be your financial safety net.
If you have limited income and resources and are disabled or 65 or over, Supplemental Security Income (SSI) is theoretically available to assist.
The bad news is that the system only sometimes works as intended. Over 60% of applicants are initially denied SSDI benefits.
But even if you were issued a denial letter, don't lose hope because there are steps that you can take that can significantly boost your chances of your disability case getting approved.
Before we go into that, here are the four levels of Social Security Disability appeals:
Reconsideration
If your initial claim is denied, the first step is to request a consideration. This means a Social Security Administration (SSA) claims examiner who wasn't involved in the original decision will look at it.
Administrative Law Judge Hearing
If your disability claim is rejected at the reconsideration level, you can request a disability hearing before an Administrative Law Judge (ALJ). You can present new evidence and provide witness testimony to bolster your Social Security disability claim.
Appeals Council Review
If your claim is rejected during the ALJ hearing, the next step is requesting a review by the Appeals Council. It may uphold the ALJ's ruling, send it back to the ALJ for additional review, or approve you for benefits.
Federal Court Review
If the Appeals Council rejects your claim, there's one more thing you can do: file a lawsuit in federal district court. This is the final stage in the appeals process.
Should I File an Appeal or Start a New Claim?
If your initial application was denied, filing an appeal is typically the best option because it establishes a protective filing date. That's the day you first informed the Social Security Administration of your intention to apply for benefits. So, if your appeal succeeds, benefits are backdated to that day, even if you don't complete your application until later.
When you start a new application, you lose your original protective filing date and are assigned a new one. This means you also lose all the potential benefits you would have gotten had you kept the original date.
However, if much time has passed since your denial or your condition has worsened in the interim, filing a brand-new claim might be the better choice. Remember that you have 60 days to submit an appeal after receiving a decision.
What to Do to Boost Your Chances of Approval
Update Medical Records
If you have medical records that weren't part of your initial disability application, include this additional evidence in your appeal. For example, recent test results, doctor's notes, or documentation of treatments you've had since applying. If your medical condition worsens, update your medical records to reflect that.
Ensure that Your SSDI Application Packet is Complete
Only submit your appeal once you double-check that your application is as thorough, accurate, and detailed as possible. This includes medical evidence such as diagnostic reports, lab work, and statements from healthcare providers. Missing or incomplete information can lead to unnecessary delays and increase the likelihood of getting denied.
Get Legal Representation
Statistics from the Government Accountability Office reveal that having a disability lawyer at your hearing makes it three times more likely that you'll get a favorable ruling than someone without legal representation.
Social Security Disability lawyers know how to present your case effectively and can guide you through each stage of the appeal. If your case advances to the hearing level, they can help you get ready for it by walking you through questions the judge might ask, such as details about your medical history, treatments, or how your condition affects your ability to work. Contact our law firm today for a free consultation.