The Social Security Disability Appeals Process
Being denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits can be discouraging, but it is not the end of the road. In fact, most disability claims are initially denied, and many applicants ultimately succeed through the appeals process if they stick with it and get the legal help they need. Understanding the steps involved and knowing how to prepare can make the difference between continued denials and a favorable outcome. At Lee Cossell & Feagley, LLP, we guide Indiana residents through every stage of the appeals process to help them secure the benefits they deserve. Contact our office to visit with a dedicated Indianapolis Social Security Disability Lawyer and find out how we can help you get the benefits you are entitled to under the law.
Step 1: Request for Reconsideration
If your initial claim is denied, the first step is to file a Request for Reconsideration. This must be done within 60 days of receiving the denial letter. During reconsideration, a different examiner from the Social Security Administration (SSA) will review your application, along with any new evidence you provide. This is your opportunity to correct any mistakes from the initial filing and strengthen your claim with additional medical records, treatment updates, or statements from your healthcare providers.
While many claims are denied again at this stage, reconsideration is important because it lays the groundwork for the next step: a hearing before an Administrative Law Judge. Submitting updated, thorough evidence during reconsideration increases your chances of success and ensures your record is strong as the case moves forward.
Step 2: Hearing Before an Administrative Law Judge (ALJ)
If your claim is denied at the reconsideration stage, you can request a hearing before an ALJ. This is often the most critical stage of the appeals process, as it gives you the chance to present your case in person. Hearings are usually held at the Office of Hearings Operations (OHO), though there are options for hearing via video conference as well.
At the hearing, the judge will review your case, listen to your testimony, and may ask questions about your condition and how it affects your ability to work. Vocational experts or medical experts may also testify to provide additional insight. This is your opportunity to explain your limitations in detail and highlight evidence that supports your inability to work.
Many claims that were initially denied are approved at the ALJ hearing level. Having an experienced Social Security Disability attorney represent you can make a significant difference, as your lawyer can prepare you for questions, cross-examine expert witnesses, and present compelling arguments on your behalf.
Step 3: Appeals Council Review
If the ALJ denies your claim, the next step is to request a review by the Social Security Appeals Council. The Appeals Council does not automatically review every case. It will examine the ALJ’s decision to determine whether any legal or procedural errors were made. If the Council accepts your case, it may either issue a new decision or send the case back to the ALJ for another hearing.
While the Appeals Council stage can be challenging, it is an important safeguard in the appeals process. It ensures that the ALJ’s decision was fair and in accordance with the law. Submitting a persuasive written argument and any additional evidence can help increase your chances of success at this stage.
Step 4: Federal Court Review
If the Appeals Council denies your request for review or upholds the ALJ’s decision, the final step is filing a lawsuit in federal court. At this stage, your case will be reviewed by a federal judge who will evaluate whether the SSA followed the law and whether the decision was supported by substantial evidence. Federal court does not involve presenting new medical evidence or testifying in person. Instead, the focus is on legal arguments and whether the SSA applied the law correctly.
Filing a federal court appeal is complex and requires strong legal knowledge. Having a law firm with litigation experience, such as Lee Cossell & Feagley, LLP, is invaluable at this stage. We understand how to present compelling arguments and challenge unfair denials in court.
The Importance of Legal Representation
The Social Security Disability appeals process can be confusing and overwhelming, particularly for applicants already struggling with serious medical conditions. Missing deadlines, failing to provide necessary evidence, or misunderstanding legal standards can jeopardize your claim. Working with an experienced attorney ensures that you meet all requirements and have the strongest possible case at every stage.
At Lee Cossell & Feagley, LLP, we help clients gather medical evidence, prepare testimony, and present effective arguments throughout the appeals process. From reconsideration to federal court review, we stand by our clients every step of the way, fighting to secure the benefits they need.
Get Help With Your Disability Appeal Today
If your disability claim has been denied, don’t give up. Many applicants succeed on appeal with the right evidence and representation. Contact Lee Cossell & Feagley, LLP, in Indianapolis for a free consultation to learn how we can help you navigate the appeals process and pursue the Social Security Disability benefits you need and deserve.
