Understand the Denial Notice

When your disability claim is denied, the SSA will send you a written notice explaining:

• Why your claim was denied
• The evidence used in the decision
• Your appeal rights and deadlines

It’s crucial to read this letter carefully to understand the reasons for denial. Common reasons include:

• Insufficient medical evidence
• Failure to meet SSA’s definition of disability
• Technical issues (such as missing documents)

Step 1: File a Request for Reconsideration

You must begin the appeal process by filing a Request for Reconsideration within 60 days of receiving your denial letter.

• How to file:
• Online at ssa.gov
• By phone at 1-800-772-1213
• At your local Social Security office

During reconsideration, a different SSA representative will review your case. You can—and should—submit new medical records or evidence to strengthen your appeal.

Step 2: Request a Hearing Before an Administrative Law Judge

If your reconsideration is also denied, you can request a hearing before an Administrative Law Judge (ALJ).

• You must request the hearing within 60 days of the reconsideration denial.
• The ALJ will review your case and listen to your testimony.
• You can present witnesses, such as doctors or vocational experts.

Hearings are typically held at one of New Jersey’s hearing offices (ODAR), but may also be conducted by phone or video.

Tip: The hearing stage is where many applicants win their benefits, especially with legal representation.

Step 3: Appeals Council Review

If the ALJ denies your claim, you can request a review by the SSA Appeals Council. The council may:

• Deny your request
• Send the case back to the ALJ for another review
• Issue a new decision themselves

This step is optional but may be necessary before taking your case to federal court.

Step 4: File a Lawsuit in Federal Court

As a final option, you may file a lawsuit in U.S. District Court in New Jersey. This is a formal legal process where a federal judge will review your claim.

Because this step involves court filings and legal arguments, it’s highly recommended to have an attorney experienced in disability law represent you.

Tips to Improve Your Chances on Appeal

• Submit new medical evidence (test results, doctor opinions, etc.)
• See your doctors regularly and follow all treatment plans
• Ask your physician to complete a Residual Functional Capacity (RFC) form
• Be honest and detailed about your limitations
• Get legal representation as early in the process as possible