The Social Security Administration (SSA) often initially denies disability claims. For some disabled workers, a denial on the first try is enough. They feel defeated and discouraged, and they abandon their attempt to get disability payments.

Giving up may be a costly mistake. In many cases, an initial denial shouldn’t be the end of the road.

A claim that is denied at first may be later approved upon reconsideration or through an appeal hearing. If your claim for disability is denied, you should consider filing an appeal.

Initial Approval of SSD Claims Is Uncommon

The SSA reports that initial claims for disability benefits have a low rate of approval. The percentage of claimants who are approved for benefits on their initial try averaged 26 percent over the period between 2002 and 2010. The final award rate averaged nearly 41 percent during this time.

These statistics should not deflate your hopes of receiving disability benefits. Instead, they should reassure you that initial denials are common and shouldn’t be seen as defeat. Many claimants whose initial applications were denied go on to recover the benefits they need and deserve.

The following sections describe the steps in the process of appealing an initial denial of Social Security disability benefits. 

Reconsideration

The first step in the appeals process is to request a reconsideration of the initial decision. This step must be taken within 60 days of receiving your denial notice. Failing to meet this deadline may require you to restart the entire application process.

Reconsideration involves sending your application to a new disability determination specialist, not the same one who denied your initial claim. This allows your application to receive a fresh review from a second party.

At this stage, you will have the opportunity to correct any problems with your claim that may have led to your initial denial. You might be able to bolster your file during the reconsideration stage by adding more medical history or information from a specialist.

A disability benefits lawyer can review your application and help you fill any gaps that might have led to the initial denial of your claim. 

Administrative Law Judge Hearing

If the reconsideration results in another denial, the next step is to request a hearing before an administrative law judge. It may take months and sometimes more than a year to have a hearing scheduled.

At the hearing you and your Social Security Disability attorney will have an opportunity to present evidence supporting your claim for disability benefits. This is your chance to meet face-to-face with someone in the decision-making process.

The judge will hear your case and make a determination on your application. 

Appeals Council

If the hearing results in another denial, you can then request a review by the Appeals Council. The Appeals Council is looking for very specific things in its review – generally technical errors by the administrative law judge or mistakes such as failing to account for medical evidence.

The Appeals Council has several options when it comes to moving your case along.

It can reverse the decision by the administrative law judge and approve your application for disability benefits. This is the best-case scenario. If the council finds that the administrative law judge made errors, it can order another hearing. Or it can affirm the administrative law judge’s decision and issue another denial.

Federal Court

The final step in the appeals process if your claim has been denied by the Appeals Council is to file suit in U.S. District Court. This step marks the first time a case is reviewed outside the Social Security system.

At all stages, the appeals process can be stressful and confusing. It is time-consuming, and many applicants throw in the towel simply because it seems to be more trouble than it’s worth. But if you are unable to work due to a disability, you shouldn’t take a denial as final. You have options.