The Social Security Disability Insurance Appeal Process

What you need to know when filing an appeal and how LaPorte Law Firm’s attorneys can help you simplify the process

The Social Security Disability Insurance Appeal Process

What you need to know when filing an appeal and how LaPorte Law Firm’s attorneys can help you simplify the process

Webinars and Ebooks

What happens if my SSDI claim is denied?

A majority of SSDI claims are denied on the first attempt due to the complex nature of the application process — especially when attempting to navigate the process without the guidance of an attorney. This, however, does not mean the end of the road for your hopes of getting the SSDI benefits you deserve. By filing an appeal within 60 days of the rejection date and going through all the stages of the appeal process, it is possible to reach a favorable outcome.

The appeal process is tedious and requires a great deal of patience and diligence. However, with the right lawyer by your side providing you with expert guidance every step of the way and helping you present your best-possible case, achieving success is more than possible.

How to appeal a rejected claim for Social Security Disability benefits

If you are one of the many applicants for SSDI benefits to have your claim rejected, you have a right to appeal the decision. When pursuing an appeal, it is highly advised to take on the challenging and lengthy process with a trusted legal advisor by your side to guide you through the various stages involved.

Should you wish to appeal the decision regarding your case, you must file a written request within 60 days of your application being denied, following which your claim will then go through the following stages of appeal:

Reconsideration

Your case will be reviewed by a new claims examiner who will reconsider your case by taking into account any additional evidence to supplement your claim. If you choose to have legal representation, your attorney will be able to respond to any questions posed to you on your behalf.

Hearing

Upon denial of your request for reconsideration, you will have 60 days to request a hearing with an administrative law judge (ALJ). Being prepared for the hearing is crucial, as this is your opportunity to present the evidence of your case, including the legitimacy of your claim in regard to Social Security Disability law.

Appeals Council

Following an unfavorable decision by the ALJ, you will have 60 days to file a request to the Appeals Council to review your claim; however, being granted another hearing is not a given. If, however, you are granted an additional hearing, your case will either be resolved or you will be required to face an ALJ again.

Federal Court

If you are unsuccessful in the Appeals Council stage, the next step will be to file a federal suit with the Federal District Court.

Do I need a lawyer to appeal a denied claim for SSDI benefits?

With your SSDI claim being denied, the last thing you need is the stress of navigating the confusing and daunting process of filing an appeal alone. What you need is a SSDI expert in your corner who can guide you through the process every step of the way. Although not a requirement, choosing to face the appeal process with the help of a lawyer who specializes in Social Security Disability law will greatly improve your chances of success.

An SSDI lawyer can help you with:

Meeting the appropriate deadlines for appeals
Advice regarding the type of treatment to seek for your medical condition or when to get a second opinion in order to increase your chances of winning your case
Getting ready to testify in front of an administrative judge preparing you for the hearing
Preparing you for the types of questions local judges tend to ask based on years of experience and familiarity with local judges in their area
Being more confident in front of a judge, as being well-prepared is the best way to get rid of anxiety
Ensuring your medical records are up to date and submitted to the judge before the hearing
Submitting a legal brief to the court summarizing how your profile meets Social Security Disability law requirements

How the SSDI Appeal process works

SSA reviews your file for timeliness (did you file within 60 days of your denial)

If yes, SSA sends your file to DDS for medical review by different experts

DDS requests your updated medical records

DDS may request a medical examination by a consultative examiner

DDS will have a medical consultant review your file

DDS either approves or denies your request for consideration

SSA reviews your file for timeliness (did you file within 60 days of your denial)

If yes, SSA sends your file to DDS for medical review by different experts

DDS requests your updated medical records

DDS may request a medical examination by a consultative examiner

DDS will have a medical consultant review your file

DDS either approves or denies your request for consideration

LaPorte Law Firm has over 40 years of experience in handling SSDI claims and appeals

We have helped thousands of clients get the benefits they deserve by successfully appealing their claims, and we can help you too.

At LaPorte Law Firm, we know how stressful the SSDI appeal process can be. During a tough time in your life and having already had your application rejected at least once, you now also have to face the pressure of meeting strict deadlines for filing an appeal and doing so correctly.

Our team of SSDI experts are here to help remove the burden and simplify the process for you. With decades of experience helping people win their cases and get the benefits they deserve, we will soon get you back on the road to success. We take on cases at all stages of the process, so regardless of how far along you are, do not hesitate to reach out to us.

The results you deserve

With over 40 years of service, LaPorte Law Firm has won thousands of claims and appeals for our clients.

Mr. LaPorte handled a case for me and did a superb job. He made the process straightforward and easy for me to understand, and everything was handled in a professional manner.

Terry LaPorte is the best. When I was looking for a referral, every knowledgeable attorney referred me to Terry (and only Terry). He worked hard for me, was an excellent advocate, and I completely trust his judgment. He is a kind and decent man, too. I’m grateful I found him.

My spouse was entering into the scary world of disability and we needed guidance. Kevin LaPorte and Sylvia Marichalar were patient, understanding, and helped us through the red tape of Social Security the first time around when most are denied. No stress, no fuss, just straightforward professionals with a heart.

How it works:

Complete the form so we can learn more about your situation.
We will reach out within 48 hours to schedule your free, no-obligation consultation with an attorney.
If your case can be pursued, we’ll start working on it.
We only get paid if your case is approved.

How we can help:

NO FEES UNLESS YOU WIN.

At LaPorte Law Firm, we only receive a fee if you win your case – so you have nothing to lose. We’re with you every step of the way.

Name*
First Last
Email*
Phone
City*
Message*
Have you ever applied for SSA or SSI disability*
- Yes
- No
By providing a telephone number and submitting the form you are consenting to be contacted by SMS text message. Message & data rates may apply. Reply STOP to opt out of further messaging.
CAPTCHA
Phone
This field is for validation purposes and should be left unchanged.

Frequently Asked Questions

Do I have to pay anything upfront when hiring an attorney to represent my Social Security Disability case?

No, there is no upfront fee, as Social Security Disability attorneys work on a contingency basis. This means they only get paid when you win your case.

Who will pay my attorney once the case is won?

Attorney’s fees automatically come out of the first retroactive payment of a disability award received by a client.

What if my disability case is denied? Do I still have to pay my attorney?

No, your attorney will not be able to charge a fee unless your case is successful, as Social Security requires disability cases to be done on a contingency basis.

What should I do if I didn’t file my appeal within 60 days and still want to appeal?

You generally have 60 days to submit an appeal after receiving a denial notice. The SSA assumes five extra days for mailing time, so the actual deadline is 65 days from the date of your decision. Under certain circumstances, however, the SSA will accept a late appeal if you have a good cause. Some reasons the SSA may consider a good cause for filing a late appeal include diminished mental capacity, hospitalization, lost mail, an incorrect address, etc. However, filing a good-cause statement for failing to meet a deadline can lead to delays in the processing of your claim. Therefore, it is important not to delay filing your appeal.

What should I do if the SSA does not allow my late appeal?

If the SSA denies your claim on the basis that you failed to meet a deadline, you have a right to file a new application. In some circumstances, you can ask the SSA to reopen a previously denied application.

What are the reasons for being denied Social Security Disability benefits?

Social Security Disability applicants are typically denied for the following reasons:

Criminal convictions: Although prior convictions do not generally affect your ability to obtain Social Security benefits, a convicted criminal will not be able obtain benefits if their disability is a direct result of an action that took place during the commission of a crime, if the disability stems from time spent in a correctional facility, they intentionally became an orphan or a widow/widower to receive benefits, or parole or probation has been violated.
Alcohol- or drug dependence-related disability: If a drug or alcohol addiction is determined to have led to your disability, you will not be eligible for benefits.
Lack of cooperation: The SSA requires applicants to submit their treating doctors’ medical records. Failure to comply with SSA requirements, such as not submitting your treating doctor’s medical records, leads to Social Security Disability claims being denied. If you do not have a treating doctor, you may be required to undergo an examination with one of the SSA’s doctors; failing to do so may result in your claim being denied.
Fraud: Lying on an application may lead to benefits being denied as well as prosecution for fraud.
Length of disability: A short-term disability does not meet the requirement for receiving Social Security Benefits, as the SSA requires the disability to last for at least a year or likely to result in death, with the exception being blind applicants.

Award-winning service

Equipped with years of experience and thousands of successful cases, LaPorte Law Firm is the leading disability attorney in the Bay Area, and we have the awards and certifications to prove it.