Denied claims
Your disability claim was denied. Here is what to do next.
If your Social Security disability claim was denied, you generally have 60 days from the day you receive the denial notice to appeal. Appeal rather than starting over. An appeal keeps your original application alive, and at the hearing level a judge looks at your case fresh, with new evidence and your own testimony.
A denial reflects the record SSA had at that moment. What matters now is meeting the deadline and fixing what the record was missing.
First: do not start a new application
When a denial letter arrives, many people simply apply again. In most cases that is the wrong move.
- An appeal keeps your filing date. For SSDI, SSA can generally pay benefits for up to 12 months before the month you applied. A new application sets a new, later date, which can shrink the back pay you could receive.
- A new application can be turned away on the same facts. If an earlier denial becomes final, SSA’s rules let a judge dismiss a later request that raises the same facts and issues.
- The appeal is where the case gets better. Reconsideration and the hearing are the steps where new medical records and a fuller explanation of your limits get added to your file.
There are situations where a new application makes sense, such as a new condition or a change in your circumstances. That is a call to make with someone who has read your file, not a default.
Why claims get denied
Your denial notice explains SSA’s reasons. Most denials fall into two groups.
Technical denials
These have nothing to do with your health. Common examples:
- Earnings. SSA generally treats work paying more than $1,690 a month in 2026 ($2,830 if you are blind) as substantial gainful activity, which by itself can end a claim.
- Work credits. SSDI requires enough recent work under Social Security. Most applicants need 40 credits, with 20 earned in the 10 years before the disability began.
- Income and resources. SSI has its own limits on income and resources.
- Not cooperating. Missing a consultative exam SSA scheduled, without a good reason, can lead SSA to find you not disabled.
Medical denials
Here SSA agreed you met the basic rules but decided your condition does not keep you from all work. Usually that comes down to the record:
- Medical records that are thin, out of date or missing a key provider.
- Records that show a diagnosis but not what you can and cannot do day to day.
- A finding that you could return to your past work or adjust to other work, given your age, education and experience.
- Not following prescribed treatment. SSA’s rules do recognize some good reasons for not following it, and SSA considers physical, mental, educational and language limitations when it decides.
A medical denial is often a sign the file did not tell the whole story. That is the part an appeal can change.
Your 60-day deadline
SSA’s rules give you 60 days after you receive the notice to ask for the next level of review. This applies to SSDI and SSI alike.
- The five-day rule. SSA assumes you received the notice five days after the date printed on it, unless you can show it arrived later. In practice that usually means about 65 days from the date on the letter.
- Count from your letter, not from when you opened it. If the notice sat in a pile of mail, the clock was still running.
- Missing the deadline is not always the end. You can ask in writing for more time and explain why you were late. SSA extends the deadline when you show good cause, such as a serious illness, a death in the immediate family, records lost in a fire, or never receiving the notice.
Good cause is decided case by case, so do not count on it. If you are close to day 60, file the appeal first and gather evidence after. SSA lets you file most requests online, and your representative can file for you. For the full sequence of appeal levels, see Social Security disability appeals.
What changes between a denial and a hearing
Your first two decisions are usually made on paper. A state Disability Determination Services examiner reviews your file and decides. You do not meet them.
If reconsideration is also denied, you can request a hearing before an administrative law judge. That step is different in several ways:
- You speak for yourself. You testify under oath about your symptoms, your limits and your daily life. The judge hears it directly.
- The record can grow. You and your representative can submit new evidence. SSA’s rules require written evidence to reach the hearing office no later than 5 business days before the hearing date, with limited exceptions.
- Experts may testify. The judge may call a vocational expert or a medical expert. Your representative can question them.
- A fresh look. The judge reviews the whole file and issues a written decision based on all the evidence.
You will receive notice of the hearing date and how you will appear at least 75 days ahead. Hearings are held by online video, phone or in person. Learn more about hearing representation, or see SSA hearing data by office at hearing offices.
How we take over a denied claim
Most of the people we help come to us after a denial. Here is what taking over looks like.
- We check your deadline first. If an appeal is due soon, we file it so your date is protected.
- We read the denial and your file. We look for what SSA said was missing and what it never received.
- We fill the gaps. We request records from your providers and help you get statements that describe your limits, not just your diagnosis.
- We handle the paperwork. Appeal forms, the appeal disability report, medical releases and every SSA notice go through us.
- We prepare you for the hearing. If the case goes to a judge, we walk you through the questions you are likely to face.
If another representative already has your case, we can step in only if that representative agrees to waive their fee. There is no fee unless you win. You can read about how the fee works or contact us to talk through your letter.
Common questions
Should I just reapply instead of appealing?
Usually not. An appeal keeps your original filing date, which can matter for back pay, and a new claim on the same facts can be dismissed. There are exceptions, so talk it through before you file anything new.
What if my 60 days have already passed?
You can ask SSA in writing to extend the deadline and explain why you were late. SSA decides whether you showed good cause. Act quickly either way.
Do I have to go through reconsideration before a hearing?
Generally yes. Reconsideration is the first level of appeal, and the hearing request usually follows a reconsideration denial.
Keep reading
Talk to a disability representative
Tell us where your claim stands. There is no fee unless you win.