Understanding the Social Security Disability Appeals Process
Why 70% of Initial Applications Are Denied & How We Navigate the Appeals System
At DisabilityAlabama, we specialize in guiding clients through the complex Social Security disability appeals process. If you've been denied benefits, you're not alone—and you have options.
The Five Levels of Appeal: Your Path to Approval
1. Request for Reconsideration
- Your first step after an initial denial
- Complete review of your application by a different examiner
- Opportunity to submit new or updated medical evidence
- Typically resolved within 3-4 months
- Success rate: approximately 15%
2. Administrative Law Judge (ALJ) Hearing
- Your most important opportunity in the appeals process
- Face-to-face meeting with a judge who will evaluate your case
- You can testify about your condition and limitations
- Expert witnesses may be questioned
- Attorney representation is critical at this stage
- Success rate with qualified legal representation: up to 65%
3. Appeals Council Review
- Evaluates whether the ALJ made legal or procedural errors
- Final opportunity to submit new medical evidence
- Reviews approximately 100,000 cases annually
- Success rate: less than 5% of cases are reversed
- Most commonly returns cases to ALJs for new hearings
4. U.S. District Court Appeal
- First step into the federal court system
- Legal arguments based on established case record
- No new medical evidence generally permitted
- Reviews legal errors rather than factual determinations
- Requires specialized legal expertise in federal litigation
5. Federal Circuit Court of Appeals
- Final appeal of right in the disability process
- Handles precedent-setting disability cases
- For Alabama residents: Eleventh Circuit Court of Appeals
- Extremely specialized legal proceeding
Why Expert Legal Representation Matters
Each level of appeal requires different strategies and approaches. Our attorneys:
- Know exactly what evidence is needed at each stage
- Understand the legal standards applied by judges and courts
- File all appeals with proper documentation before strict deadlines
- Prepare compelling legal briefs and arguments
- Have established relationships with medical providers to obtain crucial evidence
Don't Start Over—Appeal Strategically
While some claimants choose to file new applications after denials, this approach:
- Restarts the entire process
- May result in a closed period of eligibility
- Could affect potential back benefits
- Often leads to the same outcome without addressing the underlying issues
Free Consultation with an Experienced Disability Appeals Attorney
Let us evaluate where you are in the process and develop the most effective strategy for your unique situation.