How many times can you appeal a denial?
how many times can you appeal
Help with your disability claim questions.
Disability is offered by the Social Security Administration for claimants who have a severe mental and physical condition that is expected to last for 12 continuous months and does not allow them to work at a substantial level. The SSA considers working and earning more than $1000 per month as substantial. If you are working at this level when the SSA reviews your application they will deny you benefits without reviewing your claim and the severity of your condition.
After you file your Social Security Disability application the Social Security Administration is allowed 90 to 120 days to make their initial disability decision, and up to 70% of the initial disability applications are denied.
If you are denied at the Social Security Disability application level you have 60 days to file your Reconsideration (which is the first step in the appeals process) with the Social Security Administration. The Social Security Administration may take 30 to 90 days to make their decision at this level. Unfortunately, up to 80% of claimants are denied a second time.
If you are denied at the Reconsideration level you have 60 days to request a hearing before an Administrative Law Judge. Your Social Security Disability claim is sent to the Office of Hearings and Appeals for the region that services the area in which you live. Hearing locations are determined by zip code. Unfortunately, in many parts of the country the hearing case loads which are pending number in the hundreds and may be divided among only 5 to 10 Administrative Law Judges. The volume of Social Security Disability claims is simply overwhelming for the number of judges available to hear the claims. It is not unusual for disability claimants to wait 12-14 months for a Social Security Disability to be held.
If you are denied at the Administrative hearing level you may appeal to the Appeals Council. The Appeals Council is like the “supreme court” of SSA disability. They may either decide to hear your claim, refuse to hear your claim, or remand it back to the Administrative Law Judge. The Appeals Council is the last step in the SSA disability approval process. All subsequent appeals must be made outside of the SSA system in the federal courts.
If you would like an attorney to review your claim you can fill out the FREE evaluation form and a disability advocate will call you to review your claim or you can call our office at 1-800-641-3759 to talk to someone now.