Receiving a notice that your application for Social Security disability (SSD) benefits is denied can be disheartening. But this is not the end of the road and there are still a few options you can explore that might allow you to receive the benefits you need.
Seeking reconsideration of the denial
The first step is a request for reconsideration, which you must submit within 60 days of receiving the denial notice. The Social Security Administration (SSA) generally presumes the notice reached you five days after its date, so the deadline typically runs from that point unless you can prove you received it later.
After you file the appeal online or by mail, a state examiner who took no part in the first decision reviews your original application together with any new evidence you submit. Updated treatment records or a medical opinion can affect the result when the evidence is consistent with the rest of the record.
Appearing at a disability hearing
If reconsideration fails, you have another 60 days to request a hearing. The administrative law judge reviews the full record without deferring to the earlier findings, then issues a written decision explaining whether you qualify for benefits.
New York offices can take many months to schedule a hearing. During that period, you can continue treatment and update the medical record, but you generally must submit document or notify SSA about it at least five business days before proceedings unless an exception applies.
Pursuing review at higher levels
A written request within 60 days sends the case to the Appeals Council. The council considers whether the judge applied the correct legal standards and whether substantial evidence supports the decision, meaning proof a reasonable person would accept.
It may deny the request, decide the case itself or return it for a new hearing. If the council declines relief, you may file a civil action in federal court, where a judge examines the existing record instead of holding a new trial.
Before making your appearance, an attorney can review the medical evidence and organize the necessary documents. Counsel may also help you prepare for the questions you will likely face during these proceedings.