how to write an appeal letter for social security benefits

1. Format your letter. Make sure your letter is readable. You should print it instead of handwriting it.
2. State that you are appealing. In the first paragraph, write that you are appealing your denial of Social Security disability benefits.
3. Provide an overview of your disability. Give enough background so that SSA understands how your symptoms developed and have worsened over time.
4. Describe how you are unable to work. Include a paragraph explaining how your disability prevents you from working any job—not just your old job.
5. Summarize your supporting documents. Explain generally what you have included and why it is relevant.
6. Conclude the letter. In the final paragraph, ask SSA to reconsider your claim. Type “Sincerely” and then your name.

Full Answer

How long does a Social Security appeal take?

Initial claims, or disability applications are generally quoted as requiring 90-120 days in order for Social Security to reach a decision. Reconsiderations often take considerably less time than this and it is not unusual for a reconsideration appeal decision to be made within 30 days.

What is the Social Security appeal process?

• There was a legal mistake in your hearing, such as the hearing was incomplete.
• There is not enough evidence as to why the judge made a particular decision.
• Another error was made, such as the judge did not inform you that an expert witness would be present at your case.

Do a need an approval letter from social Securit?

Your Social Security benefits letter will come in the mail once you receive approval for SSDI. However, when your letter comes depends on a variety of different factors. If your initial SSDI claim or if your first reconsideration appeal receives approval, then you can expect your Social Security benefits letter within three months of the official approval date.

What are the levels of Social Security Appeals?

There are four levels of appeal:

• Request for Reconsideration (SSA-561-U2),
• Request for Hearing by Administrative Law Judge (HA-501-U5), or
• Request for Review of Hearing Decision/Order (HA-520-U5)
• Federal Court review.

What are the chances of winning an appeal from Social Security?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.

How do I win a Social Security appeal?

7 Tips for How to Win a Disability Reconsideration AppealFile a Timely Appeal. ... Submit the Right Paperwork. ... Draft an Effective Appeals Letter. ... Provide Additional Medical Evidence. ... Be Honest and Transparent. ... Get a Written Opinion From Your Doctor. ... Hire a Reliable Attorney.

How do I request a reconsideration from Social Security?

Go to www.ssa.gov/benefits/disability/appeal.html to complete an online request for a hearing. If needed, we can help you complete this form. You or your representative must request a hearing within 60 days after you get the notice of reconsideration determination (or, in rare cases, the initial determination).

How long does it take for Social Security to review an appeal?

A reconsideration appeal can usually be decided in as little as four weeks or as long as twelve weeks; whereas an application for disability can take as long as six months (usually, if it takes this long it is due to difficulties in procuring medical records from various doctors and other medical providers).

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

What happens if you lose an appeal?

If you win the appeal, your opponent could seek to appeal the appeal. If you win the appeal, the case might be sent back for a new trial leading to further expense. Losing the appeal may mean paying the other side's legal costs.

How do I write a reconsideration letter?

Steps for Writing a Reconsideration Letter Address the recipient in a formal manner. Explain the purpose of your letter, and mention your previous request. Explain the reasons behind the rejection or the unfavorable decision you would like to be reconsidered. Ask for a reconsideration of the company's position.

What happens when you appeal a Social Security decision?

If the Appeals Council grants your request for review, it may deny or dismiss your request if it finds the hearing decision is in accordance with Social Security law and regulations. The Appeals Council may also decide to issue a new decision or return it to an administrative law judge for further action.

What is a Social Security reconsideration?

If you do not wish to appeal a "non-medical" decision online, you can use the Form SSA-561, Request for Reconsideration. Some examples of "non-medical" decisions are: you were denied another type of benefit, such as retirement or spouse's; your disability application was denied because you did not work long enough; or.

How many times can you appeal Social Security?

There is really no limit to the number of times you can apply for benefits or appeal your disability claim. However, there are a variety of other factors to consider when deciding whether to apply or appeal a denied claim. For many applicants who have received a claim denial, an appeal is the best course of action.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

How do you answer an ALJ question?

Most important is that you directly answer your ALJ's questions about your case to the best of your abilities. You may also have questions about aspects of your case that might be regarded negatively by the ALJ. Don't panic, be honest, and make sure that you've gone over your case for these types of facts.

What is the appeal process for Social Security?

The Appeal Process. Once a person has received a letter declining them for Social Security Disability, they must appeal. While the Social Security Administration does have specific forms that are to be filed out to appeal their decisions, a Disability Appeal Letter that explains things in greater detail is always necessary. ...

What format should a Social Security letter be written in?

It should be written in block format with the name, address and social security number of the filing party, followed by the date, and then the address of the Social Security Administration. A subject line is appropriate for this style of letter, but is optional.

What should be the second paragraph of a disability case?

The second paragraph should be to plead the case. Feel free to give dates, explanations on how the disability has altered life and anything else that is pertinent to the information.

What should be the first paragraph of a letter?

The first paragraph needs to state what the purpose of the letter is for. It should also state the official diagnosis and any other information that the review board needs to know.

Why is it important to take some time to write a letter?

It is important to take some time and create a timeline to go from. Having all the data in front of a person before they draft the letter is easier. The letter is going to the review board; make sure there are no grammatical or spelling errors. The information must be presented to the board accurately and without error.

Do you gravel Social Security Disability?

Don’t gravel , but make sure they know how essential this Social Security Disability payment is.

Can you appeal a Social Security disability letter?

Once a person has received a letter declining them for Social Security Disability, they must appeal. While the Social Security Administration does have specific forms that are to be filed out to appeal their decisions, a Disability Appeal Letter that explains things in greater detail is always necessary.

What happens if you don't complete a disability appeal?

If you don't complete your appeal disability report form and, in the case of reconsideration appeals, sign and return medical release forms, your disability appeal can be denied for failure to cooperate. Rather than write a letter, you should use Social Security's forms to request an appeal, or do it online.

Does Social Security require a disability report?

Social Security has a disability appeal process that requires that the proper disability report forms be completed and returned before the appeal is forwarded to the proper disability decision-making agency.

How long does it take to get an appeal from the SSA?

Keep in contact with the SSA as you prepare the information, as sometimes it may take longer than the 60 days offered for the appeal process to gather the documents you want to submit. By staying in contact, the SSA can assist by granting more time to get specific information submitted that should be included with the appeal.

What should be included in a disability determination?

The sources of information that were used to make the determination should also be included, such as what physicians, medical records, family, friends, coworkers and caregivers that provided data were reviewed.

How to appeal Social Security denied?

If we recently denied your Social Security benefits or Supplemental Security Income (SSI), you may request an appeal. Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. There are four levels of appeal: 1 Reconsideration. 2 Hearing by an administrative law judge. 3 Review by the Appeals Council. 4 Federal Court review (please see the bottom of page for information on the Federal Court Review Process).

How do I check my disability hearing status?

Whether you filed your request for a hearing online, by mail, or in an office, you can check the status of your disability and SSI hearing using your personal my Social Security account. A my Social Security account is an easy, convenient, and secure way to do business with us. If you don’t have one, you can create one today.

What to do if you disagree with a decision made at the reconsideration level?

If you disagree with the determination we made at the reconsideration level, you may ask for a hearing. An administrative law judge who had no part in the original determination or the reconsideration of your case conducts the hearing. You may request a hearing online.

Can a Social Security appeal be denied?

The Appeals Council looks at all requests for review, but it may deny a request if it finds the hearing decision is in accordance with social security law and regulations. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review. If you disagree with the hearing decision, you may request a review by Social Security’s Appeals Council online.

Where to send SSA appeal letter?

The SSA also has an online platform where you can submit your appeal. But you can always submit them in person at any SSA office near you.

How long does it take to appeal an SSA decision?

Remember that you need to submit a written appeal within 60 days of receiving the notice containing the SSA’s decision.

What to do if the SSA denies your claim?

If the SSA denies your disability claim and you don’t agree with their decision, you have the right to file an appeal. The tricky part is how to write an effective appeal letter that will convince them to give your case a second chance. The SSA’s decision notice usually contains the reason why your claim got denied and the sources they used ...

Why does the SSA deny disability?

It will help you come up with a convincing argument for your case. The SSA usually denies a disability claim due to either medical or non-medical reasons. But it can also be because of both. The notice will usually explain this in a clear and easy-to-understand manner. 2.

What to do if you see a mistake in your SSA letter?

If you see any mistakes or any information the SSA has missed, you need to point it out in your letter. Be specific and if possible, state the paragraph and line on the notice where the error can be found.

How many levels of appeals are there?

The appeals process has four levels: reconsideration. hearing by an administrative law judge. review by the appeals council. federal court review. Your appeal request will depend on the level of appeal you are going for. But most of the time, a disability appeal letter is submitted to request for reconsideration.

What is a decision notice in SSA?

The SSA’s decision notice usually contains the reason why your claim got denied and the sources they used to evaluate your claim. It will also include instructions on how to make an appeal as well as a guide on what level of appeal you should choose. The appeals process has four levels: reconsideration.

How to check on my Social Security disability appeal?

To check the status of your appeal, create or log in to your personal my Social Security account.

How long does it take to appeal SSI?

The notice will tell you how to appeal. If you file an appeal within 10 days of the date you receive your notice, your SSI benefits may continue at the same amount until we make a determination on your appeal. The notice will tell you if you are entitled to continued benefits.

How long do you have to appeal a disability termination?

If you appeal a disability cessation and you want to keep receiving benefits until we make a determination, you must make a written request for benefit continuation within 10 days after the date you receive the written notice . You are entitled to a hearing with a disability hearing officer.

How to request reconsideration of disability?

If you disagree with the initial determination, you may request reconsideration by writing to us or by completing a Form SSA‑561-U2 (Re quest for Reconsideration) or a Form SSA-789 (Request for Reconsideration - Disability Cessation). Go to www.ssa.gov to complete an online request for a reconsideration on a disability claim or non-disability issue.

What do you look for when you ask for an appeal?

When you ask for an appeal, we will look at the entire determination or decision, even those parts that were in your favor.

What happens after you file for SSI?

After you file an application for SSI, we will mail you a written initial determination. This is your first “initial determination”, but each time we make a determination about your eligibility or payment amount after that is also an initial determination.

Can you appeal SSI?

You can appeal most determinations and decisions we make about whether you can get Supplemental Security Income (SSI) or if we make changes to your benefit amount. That means you can ask us to look at your case again.

What is the first level of appeal?

There are several levels of appeal. At the first level, you can request a case review, an informal conference or a formal conference. If you still get an adverse decision, you have the right to ask for a hearing conference. If you receive another adverse decision, you have the right to ask for a hearing.

What to do if you get overpaid on Social Security?

If you receive a notice from the Social Security Administration saying you have been overpaid and must pay back the money or it will be withheld from future checks , you have the right to appeal. You can, depending on the situation, ask for a reconsideration or a waiver of the overpayment.

How long can you spread Social Security overpayments?

If you opt to have it deducted, you can spread the payments over up to 36 months.

How to avoid overpayment of Social Security?

To help avoid an overpayment, you should make yourself aware of restrictions on your benefit situation and make sure you inform Social Security of any changes that might affect your eligibility.

What happens if you file a proper response within the time allotted?

This can include difficulty reading a notice due to blindness, a language barrier, an illness, a hospitalization or a serious emergency. If you file the proper response within the time allotted, the recovery of the repayment will be delayed or suspended until a decision is made. There are several levels of appeal.

Can you appeal Social Security?

Because of Social Security procedures, unless you take action within the time frame stipulated in the letter, you may be unable to appeal. All deadlines in the letter are from the date you get the notice. Deadlines can be extended if you can show good cause for a late appeal.

Does it matter if Social Security is at fault?

It doesn’t matter if Social Security was at fault — you just have to show you were not. After reading the letter, if you believe Social Security made a mistake in deciding you were overpaid or in the amount, you have the right to file a Request for Reconsideration form.