Disability

Disagree with Your Disability Decision? We Will Take Another Look

July 29, 2021 • By

Last Updated: July 29, 2021

Disagree with Your Disability Decision? We Will Take Another LookSocial Security is here to help millions of people secure today and tomorrow by providing benefits and financial protection. We continue to protect the integrity of our disability programs by ensuring we make the correct decision on each claim. However, if you disagree with our decision on your claim, you can ask us to review your case by filing an appeal.

How can I appeal Social Security’s decision on my claim?

Generally, there are four appeal levels. If you are not satisfied with the decision at one level, you may appeal to the next. The appeal levels are:

  1. Reconsideration: A reconsideration is a complete review of your claim by someone who did not take part in the first decision. We will look at all the evidence submitted in the original determination, and any new evidence.
  2. Hearing: If you disagree with the decision we made at the reconsideration level, you may ask for a hearing. An administrative law judge, who had no part in the original decision or the reconsideration of your case, conducts the hearing.
  3. Appeals Council Review: If you disagree with the hearing decision, you can request a review by Social Security’s Appeals Council. The Appeals Council looks at all requests for review and can either make a decision on your case or return your case to the judge for further review.
  4. Federal Court Review: If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you can file a lawsuit in a federal district court as the last level in the appeals process.

Please visit our Appeal A Decision web page for more information.

When should I file my appeal?

If we denied your claim, you have 60 days from the date of the notice to file an appeal. The easiest and quickest way is to file your appeal request online, where you can submit associated documents electronically. You can also call your local Social Security office or 1-800-772-1213 to obtain the forms.

Do I need a representative to file an appeal?

Whether you choose to appoint an attorney or authorized representative is completely up to you. You may choose to have someone help you with your appeal or represent you. Your representative may be a lawyer or other qualified person familiar with you and the Social Security program. We will work with your representative just as we would work with you. They can act for you in most Social Security matters, and they will receive a copy of any decisions we make about your claim.

If you need us to review your case, please go online or call 1-800-772-1213.


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Deputy Associate Commissioner, Office of Strategic and Digital Communications

Comments

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  1. DELORES

    My diability claim is in the final review. What goes on in the final review??

    Reply
    • Vonda

      Hi Delores, thanks for using our blog. For your security, we do not have access to private information in this venue. We ask that members in our Blog community work with our offices with specific questions. Please contact your local Social Security office. Look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. We hope this information helps.

      Reply
  2. Diep T.

    Hi, i’m retired early in 2019, my full retired in 2022, so can i apply for disability benefits for now because i have back and foot and hand risk fractures ? Thank you for answering my question.

    Reply
    • Vonda

      Hi Diep. If you’re already receiving Social Security retirement benfeits but you are under your full retirement age, you can apply for Social Security disability benefits.  The law does not allow a person to receive both retirement and disability benefits on one earnings record so if you’re approved for disability benefits, which will be higher than your reduced retirement benefit, you would receive disability benefits.

      If you would like to apply for disability benefits, please call us at 1-800-772-1213 for assistance or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. We hope this is helpful.

      Reply
  3. Tina L.

    I filed a reconsideration on an overpayment .I was granted my full beifits back.But when my check came they were still taking over 400 a month I contacted them .werei was told I had to prove to them that I wasn’t working and as for the reconsideration they told me the lady had retired .so I guess the turn over doesn’t count they have responded numerous times over this over payment including on my yearly 1099statingivenever paid a dime back in overpayments and no one willhelp

    Reply
    • Vonda

      For your security, Tina, we do not have access to private information in this venue. We ask that members in our Blog community work with our offices with specific questions. You can call us at 1-800-772-1213 for assistance or you can contact your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information.  Please be aware that our call wait times are longer than normal. We hope this information helps.

      Reply
  4. Pinoy F.

    i like your post Thanks for sharing such a nice info . Pinoy Flix

    Reply

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