Social Security Disability Appeal

Please call me at (716) 831-1111 if you have any questions regarding a social security disability denial or any questions on social security disability you may have.

You will speak directly to a social security disability lawyer-you will never have a receptionist or legal assistant answering your questions.

If you just want information on appeals I have discussed this issue below.

If you have applied and your social security disability application was turned down, you will need to request a hearing. You can do this online at http://ssa.gov/disabilityssi/appeal.html or you can send in the paper form called a HA-501- a request for a hearing by administrative law judge. This can be found here http://www.socialsecurity.gov/forms/ha-501.pdf.

The most important thing to remember is that you must do your appeal in writing. You cannot do your appeal by calling the Social Security Administration. You must either do it online, by mail or in person at your local social security office.   It also must be done within 60 days of the date on the denial letter.

You must also complete the Disability Report- Appeal form. This will provide updated information to the social security office. If you do the hearing request online then it will take you to this report. If you are doing the paper form- SSA-3441, you can find it here http://www.socialsecurity.gov/forms/ssa-3441.pdf.

Many of my clients assumed that the Social Security Administration will automatically update their file and order medical records.   This is not true. It is up to you or your disability attorney to order the medical records, gather the evidence, get medical source statements and complete the updated physician, hospital, and medicine and history reports. You then must present all of the evidence to the administrative law judge before the hearing date. There will often be a vocational expert at the hearing so you or your attorney needs to be able to cross examine the vocational expert.

If you have been denied at a hearing then to appeal the decision you must submit a Request for Review of Hearing Decision/Order- HA-520. There is a form and you can find it here on the Social Security Administration website  http://www.socialsecurity.gov/forms/ha-520.pdf. You must submit the form to the Appeals Council located in Falls Church, Virginia.   You can also submit a brief describing the errors the administrative law judge made and why you think the decision should either be reversed or go back to the administrative law judge for a new hearing.

Finally, if the appeal council turns you down you can file a complaint in federal court. You should submit a brief describing the errors made in the hearing decision and why you think the decision should either be reversed or go back to the administrative law judge for a new hearing.

Please remember that this is just general information, and everyone’s situation is unique. This article should not be considered legal advice.