The Disability Appeal Process

A typical claim for Social Security disability benefits may progress through three distinct levels. Having an attorney on your side who is familiar with the process can help you navigate the requirements at each stage can significantly increase the likelihood that your claim will be approved. If you think you might need an attorney's assistance, contact us for a free consultation.

Initial Application

The first stage in any claim for Social Security disability benefits is filing an application with the Social Security Administration. This lengthy application will collect all the information the Social Security Administration needs to know about your medical conditions, past work experience, and background to determine whether you qualify for benefits. That information will then be sent to the Arkansas office for Disability Determination, which will collect your medical records, examine the facts, and make a determination on your claim. At this level of the process, the vast majority of claims are denied. Having the assistance of an attorney who understands what the Disability Determination case workers are looking for will improve your chances of being approved at this level.

Request for reconsideration

If your initial application is denied, the next step is to appeal your claim by submitting a request for reconsideration. You have sixty days from the date on the denial letter you received to file this request. The Disability Determination office will then review your claim a second time. However, because it is still being reviewed by the same office that denied your claim before, it is unusual for you to be approved at this level unless you have a new or worsened condition, or additional significant evidence is presented. If you filed your initial application on your own, a lawyer may be able to use this step to tailor your application into a structure more in line with what Social Security wants to see, improving your chances of being approved.

hearing before an administrative law judge

Assuming that your claim is still denied upon reconsideration, the next step is to request a hearing before an Administrative Law Judge. At this level, the claim is no longer processed by the state office for Disability Determination, but rather by the federal Office of Disability Adjudication and Review (ODAR). The judges at ODAR decide claims based on a specialized five-step analysis, looking at the evidence gathered by Disability Determination, any new evidence you submit, and your testimony at a hearing. At this stage, the majority of claimants who are represented by an attorney have their claims approved and receive Social Security Benefits.