How Do I Appeal My Disability Denial?
If you are denied Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits, you generally must file an appeal within 60 days. If your claim was denied at the Initial level, you need to complete a Request for Reconsideration (Form SSA-561). If your claim was denied at the Reconsideration level, you need to complete a Request for Hearing (Form HA-501). You can mail or personally deliver the forms to your local Social Security Administration (SSA) office, or you can file the forms online. (Click on “Appeal Medical Decision.”)
Regardless of the level of your denial, you will also need to complete a Disability Report (Form SSA-3441). This form requests information about your physicians, medications, work activity since your application, and whether your medical conditions have worsened or changed in any way. You also will be asked to complete a records release (Form SSA-827). All forms will be provided by the SSA when they send your denial. You also can pick up blank forms from your local SSA office or find them online.
If you receive a denial after a hearing, you need to file a Request for Review of Hearing Decision/Order (Form HA-520). Like the previous levels, this appeal generally must be filed within 60 days of receipt of your unfavorable decision. The HA-520 must be sent to your local SSA office or directly to the Appeals Council. The address for the Appeals Council will be provided in your hearing decision and will also be on the HA-520 form. You cannot file this appeal online.
If you are denied by the Appeals Council, you must file a formal complaint in the Federal District Court for the district in which you reside. This is a formal judicial process and each district has its own set of rules. You may be required to pay a filing fee of several hundred dollars, unless you can prove that you cannot afford to pay this fee.
If you have recently received a denial and have questions about your appeal, contact Herdman Yeager, LLC for a free consultation.
Disclaimer: This blog provides general information on legal issues and is not a substitute for legal advice. Each individual claim is unique. To seek legal guidance, you should contact an attorney.