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Social Security >
Advice for Appealing a Denial of Social Securtiy
Disability Benefits
We regularly talk to Social Security disability
claimants who are discouraged by the denial of their
applications. They should not feel bad, for 65% of
initial applications are denied.
However, the
majority of claimants who appeal will ultimately be
found disabled, so if you feel you cannot work you
should appeal.
How to appeal a denial
The Social Security Administration (SSA) provides
several ways to appeal. Whichever way you choose to
appeal, it is a good idea to obtain proof that you
appealed on time (so that if SSA loses your paperwork,
which happens from time to time, you wont have to start
over with your claim).
Go to your local Social
Security office to file your appeal. You can find
the address in your denial letter. Take along the denial
letter, a list of current medications and a list of
names and addresses of all medical care providers you
have seen since you last updated SSA since you filed
your claim or last appealed so that you can complete
all appeal papers at the Social Security office with the
help of a claims representative. Be sure the SSA claims
representative gives you a copy of everything you submit
and a receipt for your appeal.
Appeal by phone
and mail. Telephone SSA at 1-800-772-1213 and
explain that you want to appeal. You will be sent the
appropriate appeal form, a Disability Report Appeal,
and an Authorization to Disclose Information to the
Social Security Administration (SSA-827). Your appeal is
not complete until you have mailed the appropriate
appeal form back to SSA. Mail the appeal papers back by
certified mail that requests a return receipt for
merchandise.
Appeal online on SSA's
website at
https://secure.ssa.gov/apps6z/iAppeals/ap001.jsp You'll
need to have your denial letter handy. It takes only a
few minutes to appeal online and you can print a
confirmation that shows you timely appealed. You can
also complete the Disability Report Appeal online but
this form takes more than a few minutes. Obtain a
reentry number so that if you're timed out, you can get
back in to finish the Disability Report Appeal. You'll
need the names and addresses of all medical care
providers you have seen since you filed your claim or
last appealed as well as a list of current medications.
First Appeal
The first level of appeal
in most states is called a Request for Reconsideration.
In ten states, claimants skip the reconsideration step
and appeal by requesting a hearing. Your denial letter
will tell you whether you must request reconsideration
or a hearing.
Completing the reconsideration
forms
Request for Reconsideration.
This short form is easy to complete; most of the
information requests are simple and self-explanatory.
Do not elaborate where the form says, I do not agree
with the determination made on the above claim and
request reconsideration. My reasons are:
Instead, simply write, I am disabled.
Disability Report Appeal. This form is designed to
gather information about changes in your condition, new
diagnoses, additional treatment, and changes in your
daily activities since you filed your application. If
there are no changes, it is OK to say so. If there are
changes, describe any changes in your condition
carefully. Do not exaggerate but do not minimize them
either.
Focus on how your activities have changed
since you last completed a disability report. If your
activities are the same, you won't need to spend much
time on the Disability Report Appeal.
Be sure
to provide SSA with a current list of medications and
the name and address of every medical care provider you
have seen since you filed your application.
Supplementing the reconsideration forms
If
you have any additional relevant information such as
medical records, etc, attach it to your appeal forms. Or
if you appealed online, you can mail or take the
additional information to the Social Security office
address that appears on your denial letter.
Relevant information includes items bearing on your
ability to function such as any disability findings from
other entities like workers compensation judges or
insurance carriers, weak attendance records before
withdrawal from school or job, or poor performance
notices from school or work.
Appeal promptly
You have 65 days from the date on your denial letter
to file your appeal. If you are late without good
cause, you will need to start over with a new
application.
Second appeal
17 out
of 20 claimants who file a Request for Reconsideration
will have that request denied. Do not let a
reconsideration denial discourage you. Begin work as
soon as possible on your second and probably last
appeal.
Most second appeals are granted, partly
because SSA decision-makers at long last get to meet
disability claimants and see for themselves the degree
of impairment suffered.
Only one of the forms you
need to file to start your second appeal will be new to
you; the other two are repeats from your first appeal.
Completing the forms
Whether you
appeal online or you complete paper forms, the
information requested is the same. Here are tips for
completing the paper forms:
Request for
Hearing by Administrative Law Judge (form HA-501-U5).
This is another short and easy-to-complete form.
Do not provide a detailed response to this question: 5
I request a hearing before an administrative law judge.
I disagree with the determination made on my claim
because: You need respond only with, I am disabled.
Interpret question 6, I have additional evidence to
submit as asking whether you have something you want to
submit in your possession right now. If so, check Yes
and send the additional information to SSA. If you don't
have anything to submit right now, check No. You or
the attorney you retain will certainly obtain additional
evidence to submit before your hearing. A No in the
checkbox on this form does not limit your right to
submit evidence later.
Check I wish to appear at
a hearing for question 7. It would be a mistake not to
let the judge see and hear directly from you why you
cannot work.
Do not put down the name of an
attorney unless you have already completed all the
representation papers, contract, etc., requested by the
attorney.
Disability Report Appeal (form
SSA-3441-BK). You completed this form when you
requested reconsideration. SSA needs information about
changes in your condition, current medications and a
list of all medical care providers you have seen since
you requested reconsideration.
If your condition
has changed, dont forget to provide as much detail as
you can in Section 7 Information About Your Activities and Section 10 Remarks about how your
disability is currently restricting your daily
activities.
Authorization to Disclose
Information to the Social Security Administration
(SSA-827). You should also recognize this familiar
form. Dont forget to have a witness sign and provide his
or her telephone number or address. (If you completed
the Request for Hearing and the Disability Report Appeal online, your Social Security office will
mail you this form to sign and return. When you receive
it, you will know that your appeal is on track.)
After you have completed these forms, bring or mail them
to your Social Security office. Its address should be on
page four or five of your denial letter. Or you may call
SSA at 1-800-772-1213 for the address.
Your next
task is to select an attorney to represent you at the
disability hearing. While shorter than a court trial and
much less formal, a Social Security hearing requires no
lesser amount of specialized training. If you would not
choose to represent yourself in a courtroom when the
stakes are high, you should not represent yourself in a
Social Security disability hearing.
Contact me, Mark M. Nesbit, to learn how I can help you
obtain the benefits you deserve.
Free Initial Consultation / (614) 586-1310; Toll Free
(800) 876-9057
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