After you file your application for social security disability, it will usually take 30 to 90 days for the Social Security Administration to make an initial decision. Most claims are denied at this stage. This happens even if the medical conditions are significant and severe. However, don’t despair. You can appeal your social security disability denial. Our attorneys handle this process every day.
How to Appeal:
When you get the denial in the mail, you only have 60 days to file an appeal. In most states, including Texas, the first appeal is called a Request For Reconsideration. It’s a form you have to fill out online. The form is a Form 561, and you can find it at ssa.gov. When you file that appeal, a different group of people is assigned to review your application all over again. Unfortunately, this does not often change the determination. Expect another social security disability denial.
Once the request for reconsideration is denied, you should request a hearing before a judge. File the request within 60 days of receiving the denial of the request for reconsideration. You can do this one online. To complete the request, fill out Form 501 at ssa.gov. Your attorney will assist in filing the request to make sure the judge will understand how you qualify for the requested benefits.
Wait a few days and then your attorney can check with the Social Security Administration and confirm that they got your request for a hearing. After that, it will be many months before you hear back from the SSA with a date for your hearing.
You should utilize your attorney attorney to help you with this process. Your attorney will usually do it all for you, and it shouldn’t cost you anything until you are awarded benefits. If you have any questions, please do not hesitate to contact your case worker.