What Are Your Chances of Successfully Appealing a Social Security Disability Denial?

It can be difficult to get approved for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

As of 2024, the latest data from the Social Security Administration (SSA) shows that only 38% of first-time SSDI applicants are approved, but nearly 50% of those who appeal the denial receive approval.

It’s easy to become deeply discouraged after one or more denials. Many people don’t even bother to appeal, which can leave them financially struggling.

But you might not want to give up just yet. Here’s why it’s important to follow the appeals process following a denial of disability benefits. 

Common Questions and Answers About Appealing a Social Security Disability Denial

Your chances of successfully appealing an SSDI denial can vary significantly depending on why your claim was denied in the first place.

Our Oklahoma City disability attorneys answer common questions we receive about this topic. Please don’t hesitate to contact us if you have further questions or would like to request a case review.

What percentage of people get denied disability the first time?

After the initial application for disability benefits, about 62% of applicants are denied. However, the majority of disability benefits are awarded to people who appeal the initial denial.

My SSDI benefits were denied for technical reasons. Should I appeal?

A technical denial means you did not meet the non-medical criteria for eligibility, usually due to lack of sufficient work history. The SSA did not reach the point where it would evaluate your disability. Your chances of a successful appeal are near zero unless you can show that you are technically eligible.

My SSDI benefits were denied for medical reasons. Should I appeal?

A medical denial means you did not provide enough medical evidence of your disability to show that it meets SSDI requirements. You can appeal through a reconsideration. And if that is denied, you can further appeal by requesting a hearing with an Administrative Law Judge (ALJ).

RELATED: What Conditions Qualify for Disability in Oklahoma?

How do I start a Social Security Disability appeal?

If your claim was denied on medical grounds, the first step in an appeal is reconsideration within 60 days of the denial. There are 3 ways to initiate a reconsideration appeal:

• Use the online disability appeal tool on the SSA website.
• Call the SSA at 800-772-1213 (must be during their hours, Monday through Friday, 8 a.m. to 7 p.m.).
• Fill out form Request for Reconsideration (SSA-561-U2) and either mail it or bring it to your local SSA office.

Make sure to check the status of your reconsideration online if possible.

What are the chances of successfully appealing with a reconsideration?

The chances are low; only 16% of reconsiderations are approved. However, the next step is to request a hearing before an ALJ and 51% of those are approved, so even though your reconsideration is not likely to be successful, it is a necessary step so that you can keep trying.

How do I request a hearing with an Administrative Law Judge?

If your reconsideration was denied, you can request a hearing with an ALJ within 60 days of the denial. There are 3 ways to initiate that appeal:

• Using the online disability hearing request tool on the SSA website.
• A phone call to 800-772-1213 (must be during their hours, Monday through Friday, 8 a.m. to 7 p.m.).
• Fill out form Request for Hearing by Administrative Law Judge (HA-501) and either mail it or bring it to your local SSA office.

Make sure to check the status of your hearing request online if possible.

What are the odds of winning a social security disability hearing?

The SSA data for ALJ hearings state that 51% of applicants won their social security disability hearing in FY 2024.

The remainder had their cases denied or dismissed, but that didn’t necessarily mean the end of their appeals.

What do I do if my disability benefits are denied at the ALJ hearing?

You may have the ALJ decision reviewed by SSA’s Appeals Council. If you are denied again, you can take your case to federal court. However, only about 1% of claims that reach these stages of the process are ultimately approved.

Do lawyers usually win disability cases?

A disability lawyer can double your chances of success. A survey by DisabilitySecrets showed that applicants who were represented by a lawyer were almost twice as likely to be approved, with even higher odds at the ALJ hearing stage.

A 2017 study from the Government Accountability Office found that applicants who had representation at the ALJ hearing, such as a lawyer or family member, were awarded disability benefits at 3 times the rate of unrepresented applicants.

RELATED: How Much Does a Social Security Disability Lawyer Cost?

What evidence helps win a Social Security Disability appeal?

If you need to provide more evidence to show that your disability qualifies for benefits, you may be requested to include items such as:

• Detailed medical records (like test results and lab reports)
• Statements from medical professionals
• Your job history
• Personal statements that show the severity of your condition

It’s important to show how your condition limits your abilities, including your ability to earn a wage.

RELATED: 10 Best Tips for Applying for Disability 

How to Improve Your Chances of Winning a Social Security Disability Appeal

When the SSA sends your initial denial, they include the reason for that denial. Most applicants either did not meet the initial requirements for SSDI/SSI or did not include enough medical documentation. Make sure you gather all the relevant records that you can find, including both medical and work history.

What can I do to improve my chances of appealing for disability benefits?

To improve the odds of winning your disability benefits appeal, you need to show that you have a strong case that meets the requirements for benefits. Here are some ways to make your appeal stronger:

• Hire a Disability Lawyer: This is the most effective step you can take. People who hire a disability attorney for their appeal end up winning about twice as often as those who try to do it themselves.
• Don’t Miss Deadlines: Per the appeals process, you have 60 days to submit disability appeals following a denial. If you miss a deadline, your appeal may be dismissed outright.
• Get a Physician’s Medical Statement: Your doctor should fill out a Residual Functional Capacity (RFC) form, which can strengthen your disability claim.
• Update Your Medical Records: Make sure you include any new medical information from your doctors and provide updated medical records since your initial denial. If your initial determination noted insufficient medical information, you should compile an in-depth history related to your medical condition.

Getting denied for Social Security Disability benefits is disheartening, but it is common. Your initial application and reconsideration may be denied, but if you are persistent, you may win your Social Security Disability claim with an administrative law judge.

How Legal Representation Helps a Social Security Appeal

This may be the first experience you’ve had with the complex Social Security Disability claims process. You may not know exactly what information or records the Social Security Administration is looking for.

That’s why it helps to hire an experienced disability attorney—someone with a long history of helping people just like you. They’ve seen so many claims, so many medical conditions, and so many determinations to help them understand exactly what kind of supporting documentation and medical information will help you defend your disability benefits appeal.

What are the ways a lawyer can help me win a disability appeal?

A lawyer can help you create a strong case for disability benefits, including:

• Strategy: A disability lawyer can help you assess your disability and develop a strategy for demonstrating how your disability meets the requirements for benefits.
• Medical evidence: Disability lawyers know what kind of medical documentation to gather, including connecting you with the right specialists who can provide statements that support your disability claim.
• Timing and deadlines: It is easy to lose track of time and miss the deadline for the appeal, especially if your disability affects your executive function or energy levels. A lawyer will make sure the appeal gets filed within the 60-day window.
• Preparation for the hearing: Your lawyer will help you practice answering the questions you can expect during the hearing, so that your answers provide support for your case and avoid any mistakes. They can also present a persuasive legal argument on your behalf.

With legal representation, you will have an experienced strategist by your side, helping you make good decisions and keeping you informed throughout the process. 

Contact The Wolf Pack™ for Help with Your Social Security Appeal

Our Oklahoma City disability attorneys understand how complex and time-consuming the disability benefits process can be, especially when you are struggling with a physical or mental disability. That’s why we’re offering to take care of the hard work for you, and we only get paid if you get approved.

If you’ve been denied benefits, let us be your trusted partners in submitting your disability appeal. For a free consultation about your disability claim, just call (580) 271-9672 or fill out the online form today.

It’s important to get started immediately so that we can begin collecting additional evidence ahead of the appeals deadline.

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The content provided here is for informational purposes only and should not be construed as legal advice on any subject.