Appealing a Denied SSD Claim in Denver
Nationally, around 67% of first-time SSDI applicants are denied, often because of missing documentation or technical errors. This doesn’t mean your claim isn’t valid—Many people are eventually approved through the appeals process when their case is properly presented and supported with the right evidence.
If you’re facing a denied SSD claim, a Social Security Disability lawyer can review why your claim was denied, collect the documentation needed to strengthen your case, and represent you through each stage of the appeal. With the right legal support, you have a better chance of winning the benefits you need.
Here, we explore the most common reasons for denied claims and the strategies we use to appeal.
Why SSD Claims Get Denied
Many Social Security Disability claims are denied for preventable reasons, including:
- Incomplete medical documentation: If your file lacks recent tests, treatment notes, or doctors’ statements, the SSA may not have enough evidence to approve your claim.
- Lack of work credits: SSDI requires you to have worked and paid into Social Security. Your application may be denied if you haven’t earned enough credits based on your age.
- Earning too much income while applying: If you’re working and earning over the Substantial Gainful Activity (SGA) threshold, the SSA may determine you’re not disabled.
- Missing deadlines or forms: Small administrative errors (such as submitting an outdated form or missing a key deadline) are common causes of denial.
Even minor mistakes can lead to rejection and significant delays. Before proceeding with your SSD application, we recommend reviewing our guide on how to apply for Social Security Disability in Colorado to identify potential issues with your initial claim.
Understanding the SSD Appeals Process
If your application is denied, you have 60 days to begin the appeals process. This includes four levels:
- Reconsideration: A new examiner reviews your claim and any new medical evidence you submit.
- Administrative Law Judge (ALJ) hearing: You and your lawyer appear before a judge who listens to testimony and examines your updated records.
- Appeals Council review: If the ALJ rules against you, the Appeals Council can review whether the decision followed proper procedures.
- Federal Court review: If all previous appeals are denied, the final step involves filing a lawsuit in U.S. District Court.
As each stage becomes more complex than the last, your chances improve dramatically when you’re represented by an experienced disability lawyer who knows how to strengthen your case.
How to File a Reconsideration Appeal
- Submit Form SSA-561: This is the official form to request reconsideration of your denied claim.
- Attach updated medical evidence: Provide any new records, test results, or treatment notes since your original application.
You can file this appeal online through the SSA’s official reconsideration portal. This stage often leads to another denial if applicants don’t include new medical evidence, but it’s a mandatory step you must complete before requesting a hearing before an Administrative Law Judge.
What to Expect at the ALJ Hearing
The hearing stage of your Social Security Disability appeal requires comprehensive preparation and meticulous attention to detail, as this crucial phase often determines the ultimate outcome of your case. A well-prepared presentation involves gathering compelling evidence, developing persuasive legal arguments, and ensuring all documentation aligns with SSA requirements, which our experienced legal team can help coordinate effectively.
One of the most critical aspects of the hearing involves addressing testimony from the SSA’s vocational expert, who will provide opinions about potential jobs you might be able to perform despite your limitations. Given that Denver residents typically face hearing wait times exceeding 12 months, lawyers utilize this preparation period to continually strengthen your case by gathering updated medical evidence, monitoring your ongoing treatment, and developing compelling arguments that align with current Social Security regulations and case law.
Strengthening Your Appeal with Medical Evidence
Clear, consistent medical documentation is one of the most important parts of a successful appeal. The strongest evidence includes:
- Detailed physician reports: Doctors should explain how your condition limits your ability to work.
- Test results and specialist evaluations: These provide objective support for your diagnosis and treatment.
- Consistent treatment records: Regular visits and documented symptoms show your condition’s ongoing impact.
The SSA needs detailed documentation showing how your medical condition affects your daily activities and limits your ability to work. This includes specific examples of tasks you can no longer perform, accommodations you require, and how your symptoms impact your ability to maintain regular employment. Medical records should clearly connect your diagnosis to these functional limitations.Â
Other Options After a Denial: Should You Reapply or Appeal?
In some cases, it may be better to file a new application instead of appealing. For example, if your medical condition has changed significantly or your original application was missing critical information, a new claim might move faster.
During a free consultation, Boesen Law can help you weigh the pros and cons of each option based on your specific situation. If appealing offers the best chance of success, we’ll take it. If reapplying is smarter, we’ll help you do it right.
Common Questions About SSD Appeals
How long does an appeal take?
Reconsideration may take several months. If your case goes to an ALJ hearing, the full process can take 12 months or longer, depending on the backlog.
Will I have to go to court?
Not always. Only the ALJ hearing and federal court stages require an appearance. Earlier appeal stages are handled in writing.
When to Hire a Social Security Disability Lawyer
Hiring a lawyer can significantly improve your chances of a successful appeal. Our Denver SSD lawyers help by:
- Filing paperwork correctly and on time: Avoid costly administrative mistakes that delay your claim.
- Handling communications with the SSA: We speak on your behalf and respond to requests or denials.
- Preparing your case for hearings and appeals: Our attorneys know how to structure arguments that meet SSA legal criteria.
Get Help With Your SSD Appeal in Denver
A denial doesn’t have to be the end of your disability claim.
Our team at Boesen Law has over a decade of experience helping clients throughout Denver navigate every phase of the appeals process. We build strong cases backed up by detailed medical records, keep track of deadlines, and speak directly with SSA on your behalf.Â
Contact us now for a free consultation. You won’t pay any legal fees unless we win your case.