Denied SSDI? Five Steps to Take in the First 60 Days
Most people who apply for Social Security disability are turned down the first time. A denial is not the end of the claim, and it is not a judgment that you are not disabled. It is the start of an appeal — one with a deadline that is shorter than most people expect.
How long do I have to appeal a Social Security disability denial?
Generally 60 days from the day you receive the denial notice. Social Security assumes you received it five days after the date printed on the letter. If you miss the deadline, you may still be able to show "good cause" for filing late, so call an attorney right away rather than starting over.
The date printed on your denial letter, and the date you actually received it. Everything below is measured from the second one.
1. Read the letter to find out why you were denied
The notice says which step of the process ended your claim. The two most common reasons are medical — Social Security decided your condition does not keep you from working — and technical, meaning something about work credits, income, or resources disqualified you before anyone looked at your medical records. The fix is different for each, so the reason matters more than the denial itself.
2. Write down the deadline
Count 60 days from the day the letter arrived, then add the five days Social Security allows for mailing if you are working from the date on the letter. Put that date somewhere you will see it. Filing one day late can mean starting the application over and losing months of back pay.
3. File the appeal, do not reapply
After an initial denial in Texas, the next step is a request for reconsideration. Filing a brand-new application instead is a common and costly mistake: it usually leads to the same denial for the same reason, and it can cost you benefits you would otherwise have been owed from your original filing date.
4. Fill the gaps in your medical evidence
Reconsideration is decided on the file, so the file has to change. That usually means treatment notes from the months since you applied, results of any new testing, and a statement from a treating doctor describing what you can still do — how long you can sit, stand, lift, and concentrate — rather than only naming a diagnosis. A diagnosis alone rarely wins a claim; a record of functional limits over time is what decision-makers weigh.
5. Decide whether you want a representative
You are not required to have one. A representative can gather medical records, obtain doctor opinions, prepare you for the judge's questions, and question the vocational expert at a hearing. Under a standard fee agreement there is no attorney fee unless you win, and Social Security approves the fee and pays it from your past-due benefits.
What happens after reconsideration
If reconsideration is denied too, the next step is a hearing before an administrative law judge. Hearing wait times vary by office, and the hearing is where a large share of claims are finally approved — nationally, about half of hearing-level decisions are favorable. That is a national figure from Social Security's published workload data, not a prediction about any individual claim.
Call rather than send a form. There may not be enough time left to exchange messages before the deadline.
Sources
- Social Security Administration, "Appeal a Decision We Made" — ssa.gov/apply/appeal-decision-we-made
- 20 CFR 404.901 and 416.1401, five-day mailing presumption
- Social Security Administration annual workload and disposition data