What Should I Do If My Disability Claim Is Denied?

A denial is not the end. Most Social Security disability claims are denied at least once — and many claimants who ultimately receive benefits were denied initially. What you do next, and how quickly, determines whether your claim survives.

The 60-Day Deadline

This is the most important thing to know: you have 60 days from the date you receive the denial notice (plus a 5-day mailing presumption) to file an appeal. Miss this deadline and your claim is closed. You would have to start over with a new application — losing any back pay from the original filing date.

If you receive a denial notice, call us immediately. Do not wait.

The Four Levels of Appeal

1. Reconsideration

The first appeal is a reconsideration — a review of your file by a different DDS examiner. Reconsideration approval rates are low (roughly 10–15%), but it is a required step before you can request a hearing in most states, including Georgia. File promptly.

2. ALJ Hearing

The hearing before an Administrative Law Judge is where most successful cases are decided. Approval rates at the hearing level are significantly higher than at the initial or reconsideration levels — particularly for represented claimants. At the hearing, you testify, present medical evidence, and (through your attorney) cross-examine vocational and medical experts.

This is the stage where legal representation makes the most measurable difference.

3. Appeals Council

If the ALJ denies your claim, you can request review by SSA's Appeals Council. The Council can affirm, reverse, or remand the decision. Approval at the Appeals Council level is uncommon, but remands — which send the case back to an ALJ with instructions — can produce favorable outcomes.

4. Federal District Court

If the Appeals Council denies review or upholds the denial, you can file a civil action in federal district court. Federal court review is deferential to SSA's factual findings but can reverse decisions that are not supported by substantial evidence or that involve legal error. Federal litigation is time-consuming and involves different considerations than the administrative process — discuss this option with us if you have reached this stage.

What Not to Do After a Denial

• Do not simply accept the denial without appealing
• Do not file a new application instead of appealing — you lose your original filing date
• Do not miss the 60-day appeal deadline
• Do not stop medical treatment — consistent treatment records matter at every appeal level