Social Security Disability Federal Court Appeals

The SSA’s Review

Next, there is a four-step review process within the SSA:

1. An initial determination on the application – less than 40% are granted, according to SSA’s most recent statistics

2. A reconsideration of the determination – even less are awarded at this level

3. If the application is denied, a claimant has the opportunity to submit additional evidence and request a hearing before an administrative law judge (“ALJ”)

4. If the ALJ also denies the application, a claimant can request the ALJ’s decision be reviewed by the SSA’s Appeals Council. The Appeals Council’s decline to review, or decision to uphold, the ALJ’s decision is considered the final determination of the SSA.

How Social Security Disability Appeals Work:

For those seeking Social Security disability benefits, the process feels a bit like entering a maze with one wall after another. 

First, an application is filed with the Social Security Administration (SSA), whether it be for:

• Social Security Disability Insurance (SSDI) – earned by contributing to Social Security with every paycheck

• Supplemental Security Income (SSI) – provided to “financially needy individuals who are aged, blind, or disabled regardless of their insured status”

• Or both

The SSA’s Review

Next, there is a four-step review process within the SSA:

1. An initial determination on the application – less than 40% are granted, according to SSA’s most recent statistics

2. A reconsideration of the determination – even less are awarded at this level

3. If the application is denied, a claimant has the opportunity to submit additional evidence and request a hearing before an administrative law judge (“ALJ”)

4. If the ALJ also denies the application, a claimant can request the ALJ’s decision be reviewed by the SSA’s Appeals Council. The Appeals Council’s decline to review the ALJ’s decision or upholding the ALJ’s decision is considered the final determination by the SSA.

Seeking Judicial Review of the SSA’s Decision

Within 60 days of receiving the Appeals Council’s denial of benefits, an applicant can seek judicial review of the SSA’s decision in federal district court.

If the Court finds that the ALJ either failed to apply the correct legal standards or the ALJ’s decision is not supported by substantial evidence, then the ALJ’s denial of benefits is reversed.

This means the Court either requires the SSA to conduct further proceedings and the applicant has another opportunity to secure disability benefits, or in some cases, the Court will award disability benefits outright.