Appealing a Social Security disability denial
If Social Security denies your disability claim, you generally have 60 days from receiving the letter to appeal. There are four levels: reconsideration, a hearing before an administrative law judge, Appeals Council review, and federal court. Many people who are denied at first are approved on appeal, especially at the hearing, so don't give up and don't miss the deadline.
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Look at the date on your denial letter. You generally have 60 days from when you receive it to appeal, and Social Security assumes you received it 5 days after that date. Call (850) 277-0777 now if the deadline is close.
The four levels of appeal
- Reconsideration. A different examiner at Florida’s Disability Determination Services reviews your whole claim, plus any new evidence. Most reconsiderations are decided on paper.
- Hearing before an administrative law judge. You and your lawyer present your case to a judge, by phone, video or in person. This is often the best chance to win, because you can explain your limits in your own words and your lawyer can question the vocational expert.
- Appeals Council review. If the judge denies your claim, the Appeals Council in Falls Church, Virginia, can review the decision for legal or factual errors. It may approve, deny or send the case back for a new hearing.
- Federal court. If the Appeals Council denies review, you can file a lawsuit in U.S. District Court. Panhandle cases are filed in the Northern District of Florida, where Mike is admitted to practice.
Each step generally has its own 60-day deadline.
How to strengthen an appeal
- Keep seeing your doctors and follow prescribed treatment
- Ask your treating doctor for a detailed statement of what you can and can’t do
- Keep a simple diary of bad days, symptoms and side effects
- Tell Social Security about new conditions, doctors and hospital stays
- Open every letter from Social Security and note the dates
Why hire a lawyer for an appeal
Appeals have strict deadlines and turn on medical evidence and vocational rules. Mike reviews why you were denied, gathers the missing evidence, prepares you for the hearing, and handles the legal argument. You pay nothing unless you win back benefits.
Talk with Mike about your claim
Free, confidential phone consultation. No fee unless you win.
Frequently asked questions
How long do I have to appeal a Social Security disability denial?
Generally 60 days from the date you receive the denial letter. Social Security assumes you received it 5 days after the date printed on it, so in practice you have about 65 days from the letter date. Missing the deadline usually means starting over with a new application, which can cost you months of back pay.
Should I appeal or file a new application?
Usually appeal. A new application starts the process over and can cost you back pay, while an appeal keeps your original filing date. A lawyer can review whether a new claim makes more sense in your situation.
What happens at a disability hearing?
An administrative law judge reviews your file and asks you about your condition, treatment and work history. A vocational expert, and sometimes a medical expert, may testify. Hearings are informal compared with court and are often held by phone or video. Your lawyer submits evidence, questions the experts and makes the legal argument for approval.
Can I get help if I already missed the deadline?
Possibly. Social Security can accept a late appeal if you show good cause, such as serious illness or not receiving the letter. Call as soon as possible.
What does a disability lawyer cost?
Nothing up front. Our fee is paid only if you win and are awarded past-due (back) benefits. Social Security sets and approves the fee: under a standard fee agreement it is 25% of your past-due benefits, capped at $9,200 (the cap since November 30, 2024). If you don't win, you owe no attorney fee. Ask about case costs, such as fees for copies of medical records, during your free consultation.