What To Do When You Are Denied Social Security Disability

If you applied for disability, receiving a denial letter from the Social Security Administration (SSA) can be discouraging. If Social Security denied your disability claim, it’s important to know that a denial does not necessarily mean you do not qualify for benefits. In fact, many people are initially denied Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). From 2010 to 2019, an average of 67% of first-time applications were denied.

The good news is that you have the right to appeal the decision. If you were denied Social Security Disability benefits, do not assume your case is over. The appeals process allows you to provide additional evidence, correct mistakes, and have your claim reviewed again.

At Leventhal, Sutton & Gornstein, we have years of experience working with clients whose initial claims were rejected. We can help you move forward with your appeal for financial support. Contact us today to schedule a free consultation.

What To Do When Disability Is Denied After Your First Application

If your disability application was denied, there are several important steps you should take right away:

• Carefully review your denial letter.
• Note the deadline for filing an appeal.
• Gather any new medical records or supporting evidence.
• Continue receiving medical treatment and following your doctor’s recommendations.
• Contact an experienced Social Security Disability attorney.

Many claims are denied because of missing information, insufficient medical evidence, paperwork errors, or technical issues. An attorney can help identify weaknesses in your claim and build a stronger case for appeal.

Information You May Need for a Disability Appeal

The SSA may request updated information while reviewing your appeal. Helpful information may include:

• Names and contact information for doctors, specialists, and treatment providers
• Updated medical records
• New test results or medical evaluations
• Information about changes in your condition
• A list of current medications
• Statements from people familiar with your disability and limitations, and their contact information

Providing complete and accurate information can help strengthen your case.

Understanding the Social Security Disability Appeals Process

There are four levels of appeal available after a disability denial.

1. Request for Reconsideration

The first step is filing a Request for Reconsideration within 60 days of your denial. During this stage, a different disability examiner reviews your claim and any new evidence you provide. This review is conducted by individuals who were not involved in the original decision.

You should submit any updated medical records, treatment information, or other evidence that supports your claim. If the reconsideration is denied, you generally have 60 days to move to the next stage.

2. ALJ Hearing

If reconsideration doesn’t lead to claim approval, you can request a hearing before an Administrative Law Judge (ALJ). This hearing gives you the opportunity to explain how your condition affects your ability to work. The judge will review medical evidence, hear testimony, and evaluate the facts of your case.

Many applicants have their best chance of approval at the hearing level because they can present their case in more detail. Our experienced disability attorneys can help prepare you, gather and present evidence, question witnesses, and represent you during the hearing.

3. Appeals Council Review

If the judge denies your claim, you may request a review by the Appeals Council. You have 60 days from receiving the ALJ’s decision to request a review.

The Appeals Council does not hold a new hearing; instead, it will examine the judge’s decision and review the written record. The Council may:

• Deny or dismiss your request for review, leaving the ALJ decision in place
• Grant review and remand the case to an ALJ for another hearing
• Grant review and decide a new outcome (which can include agreeing with the ALJ and leaving the denial in place, reversing the decision and awarding benefits, or modifying the decision)

This level can take many months to complete.

4. Federal Court Review

If your claim continues to be denied, you may file a civil lawsuit in federal district court, generally within 60 days of receiving the Appeals Council’s notice. Federal court cases are more complex and often involve detailed legal arguments regarding how the SSA handled your claim.

Although this stage can take significant time, it remains an option for individuals who believe their claim was wrongly denied. Leventhal, Sutton & Gornstein have represented thousands of people before Social Security and litigated more than 750 cases in the federal courts over five decades. When you need a law firm you can count on for federal appeals, we’re the team to call!

Why Are Claims Denied?

Many disability claims are denied by the SSA for several reasons, such as:

• Insufficient medical evidence
• Failure to follow prescribed treatment
• Missing records or documentation
• Earning too much income
• Technical eligibility issues
• The SSA deems your condition is not severe enough to prevent work

Understanding why your claim was denied can help you build a stronger appeal. Our law firm can review the SSA’s reasoning and help you move forward with confidence.

How Many Times Can You Appeal Social Security Disability?

Many people wonder how many times they can appeal for Social Security Disability after being denied. The SSA provides multiple levels of appeal, including reconsideration, an ALJ hearing, Appeals Council review, and federal court review.

Depending on your circumstances, you may continue appealing through each available level until all appeal rights have been exhausted. Because deadlines are strict, it is important to act quickly after every denial.

Get Help Appealing a Disability Denial in Pennsylvania

If Social Security denied your disability claim, you do not have to face the appeals process alone. At Leventhal, Sutton & Gornstein, we have extensive experience helping clients appeal denied Social Security Disability claims. We understand the challenges applicants face and work to build strong cases supported by medical evidence and legal advocacy.

Whether you recently received your first denial or have already gone through multiple appeals, our team can help you understand your options and pursue the benefits you deserve. Contact Leventhal, Sutton & Gornstein today to schedule a free consultation.

Frequently Asked Questions

I Was Denied Disability for the 2nd Time. What Should I Do?

If you were denied Social Security Disability for the 2nd time, you may still have options. Many applicants receive a second denial at the reconsideration stage and then move forward with a hearing before an Administrative Law Judge. This is where additional evidence and legal representation can make a significant difference. Do not assume a second denial means your case is over.

What Happens If I Am Denied Social Security Disability 3 Times?

If you have applied for Social Security Disability and were denied 3 times, you may still be able to continue the appeals process. Depending on where you are in the process, you may request an Appeals Council review or pursue your case in federal court.

At this stage, it is especially important to work with an experienced disability attorney who understands the complex rules and procedures involved in disability appeals.