How to Appeal a Denied Social Security Disability Claim in Sacramento, CA
Can you appeal a denied Social Security disability claim? Yes. Most initial claims are denied, and a denial is not the final word. You have the right to appeal, and in most cases you must request the next review within 60 days of receiving the denial notice.
Why do so many initial claims get denied?
The Social Security Administration (SSA) denies many applications at the first stage. A denial often reflects missing medical evidence, a gap in treatment records, or a finding that the applicant can still perform some type of work. It does not necessarily mean your condition isn't serious. Many claimants who are denied at first are approved on appeal.
What are the four levels of appeal?
1. Reconsideration. A different SSA examiner reviews your file, usually without a new hearing. You generally have 60 days from the date you receive the denial to file.
2. Hearing before an administrative law judge (ALJ). This is the stage where most approvals happen. You can testify, your attorney can question vocational and medical experts, and new evidence can be submitted.
3. Appeals Council review. The Appeals Council reviews the ALJ's decision for legal or procedural errors. It can deny review, send the case back, or issue its own decision.
4. Federal court. If the Appeals Council denies your case, you may file a civil action in federal district court within 60 days.
What deadlines should I watch for?
The 60-day clock is the deadline that causes the most harm. SSA presumes you received a denial notice five days after the date printed on it, but you should not rely on that presumption. Calendar the deadline as soon as the letter arrives, and file the appeal early.
How can a Sacramento disability attorney help with an appeal?
An appeal is often a matter of building the record: gathering treatment notes, obtaining medical source statements from your doctors, and explaining how your limitations affect your ability to work. An experienced attorney can identify which evidence is missing, prepare you for testimony, and make sure deadlines are met. The Law Office of Barbara M. Jacobson represents claimants in Sacramento and throughout the region.
Frequently asked questions
How long do I have to appeal a denied SSD claim?
In most cases, 60 days from the date you receive the denial notice. Missing this deadline can mean starting over with a new application.
Do I need a lawyer to appeal?
You are not required to have one, but disability appeals involve detailed medical and legal standards, and representation is common.
Can I submit new medical evidence on appeal?
Yes. New evidence is most useful when submitted before or at the hearing stage.
This article is for general information only and does not create an attorney-client relationship. Call (916) 921-5285 to schedule a free consultation.
