What If You Have Been Denied?

Only about one-third of Social Security disability claims are approved at the initial level. Look at the denial notice you receive from Social Security cautiously -- it will let you know what you should do. Generally, here are the next steps to take:

1) File an appeal straight away!

If you're denied benefits at the initial level, you will want to appeal at the earliest opportunity (within two months of the date on the denial notice). In many states, you do this by filing a particular form referred to as a Request for Reconsideration. (Some states have no Reconsideration phase. In these states, you have to file a Request for Hearing prior to an Administrative Law Judge.)

2) Request a hearing before an Administrative Law Judge (ALJ)

In the Reconsideration period, your claim will be evaluated another time. If you are denied at this phase, you should file a request for an ALJ hearing.

3) Request review by the Appeals Council

If your claim is denied at the ALJ hearing stage, you've got the right to appeal to Social Security's Appeals Council. The Appeals Council reviews hearing decisions, and has the power to "remand" or send cases back to judges when they make mistakes. It also reverses decisions in a small share of circumstances. It may take about twelve months to get a decision from the Appeals Council.
If your claim continues to be rejected at this level, you can file an appeal in Federal Court.

4) Get help!

You have the right to legal representation. Start thinking about getting help from a Social Security disability attorney or representative -- the quicker the better.

How can I find an attorney to represent me on my Social Security disability claim?

Kassin and Carrow are attorneys who specialize in Social Security claims. If your home is in the Metro St. Louis region, including St. Louis, St. Charles, Chesterfield, or Ladue, Missouri, or Edwardsville, Illinois, you should give them a call toll free at 1-800-273-8380. Keep in mind, you only pay fees if you win your case!