My SSI / SSD application was denied, but I still need benefits.  What should I do?

The first step is to apply for disability benefits and, if denied, to ask for reconsideration.  Information about how to ask for reconsideration should be included with your denial letter.  Someone who did not take part in the first decision will completely review your application and make a decision about your SSI / SSD eligibility.  You should send in any new or additional information about your disability with your reconsideration request.

You must begin the appeals process by asking for reconsideration within 60 days of receiving the Social Security Department’s denial of SSI/SSD benefits.  See the picture at the bottom of this page to visualize the entire appeals process.  Speak with your lawyer or call the Social Security Department at 1-800-772-1213 if you have questions about how the appeals process works.  You can also find more information on the Social Security Department’s appeals process by clicking here and here.

I asked for reconsideration and was still denied SSI / SSD benefits.  Now what should I do?

You may ask for a hearing with an Administrative Law Judge (ALJ) who will review the Social Security Department’s decision.  You must ask for a hearing within 60 days of receiving the Social Security Department’s reconsideration decision.  The ALJ will tell you where and when the hearing will take place.  You may bring a lawyer or representative as well as medical experts to the hearing if you choose.  The ALJ will have the opportunity to question you and your witnesses regarding your disability.  You can also question your witnesses.  The ALJ will make a decision based upon this testimony and all of the information in your file.  You can download the form to request an ALJ hearing by clicking here.

The Administrative Law Judge has also decided that I do no qualify for SSI / SSD benefits.  What is the next step?

You may appeal the ALJ’s decision to the Social Security Appeals Council.  You must ask the Appeals Council to review the ALJ's decision within 60 days of receiving the ALJ's decision in the mail.  The Appeals Council may do one of three things: (1) deny your request for review, (2) refer your case to be reviewed by another ALJ, or (3) review your case itself.  You will receive information from the Social Security Department regarding what action the Appeals Council has taken.

The Appeals Council decided that I am ineligible for SSI / SSD.  Is there anything else I can do?

Your final option is to bring a lawsuit against the Social Security Department in federal court.  You must file your lawsuit in federal court within 60 days of receiving the Social Security Department Appeals Council's decision.  The letter announcing the Appeals Council’s decision may contain information about this option.  Your attorney will also be able to provide you with additional information about how to proceed with a lawsuit in federal court.  You can also find more information about the court process on the Social Security Department’s website by clicking here.

How do I visualize the appeals process?

See the picture below to visualize the entire appeals process.