Appealing a Disability Denial
Level I: Reconsideration
- If a disability application is denied, they will send a letter to the patient explaining that it has been denied along with how to appeal within the next 60 days. It will involve submitting new medical evidence to the board. If the 60 day deadline is missed, you can not appeal, but may re-apply.
- Request for Reconsideration Form and Instructions (Form SSA-561-U2)
- Disability Report: Appeal (Form SSA-3441-BK)
Level II: Hearing
- If reconsideration is denied, they may appeal. This appeal is in front of an administrative judge
- If you become aware that a patient has a case pending at the Hearing and Appeals Level and has new medical evidence, a new impairment, etc., call the Hearing and Appeals office (there is one in Madison and Milwaukee – can get number from local Social Security Office) and fax updated information. This can sometimes get a quicker decision (as the case may be remanded back to the disability unit for review).
- Request for Hearing by Administrative Law Judge (Form HA-501-U5)
Level III: Review by the Appeals Council
Level IV: Federal Court Review
Remind patients that the higher the level of appeal, the better the chance they have of being granted disability.