Appealing a denied Social Security disability insurance claim

Anyone in Wisconsin who is looking to appeal a Social Security disability benefits denial should contact an attorney. An attorney will know the system and be able to help you fight for your benefits.

Filing for Social Security disability insurance can be a challenging, time-consuming task. Paperwork can become tedious, and, in true government fashion, the decision from Social Security can take weeks or even months to come back to you. After waiting all that time, getting a “denied” letter can be downright infuriating. But there is an appeals process to help you get the benefits you need.

When you have been denied benefits, there are 4 levels of appeal. Typically, you must go through the lower levels before moving on. These levels are:

  • Reconsideration
  • Administrative law hearing
  • Appeals Council Review
  • Federal Court review

In a reconsideration, an agent who wasn’t involved in the initial decision reviews your case. Often, this is as far as the appeal needs to go. If the claim is still denied, however, the next step is to go before an administrative law judge. Again, this judge will be one who had no part in the original decision or reconsideration. You may bring extra evidence to back your case, as well as any witnesses.

If you are still denied, you can get a review from the Appeals Council Review. Usually they will review your case, then either approve the appeal, send it back to an administrative law judge, deny a request for appeal or deny the appeal after review. In these last two instances, the final step is federal court.

If you have exhausted every other source, yet still believe you deserve Social Security disability benefits, you may file a lawsuit with the Federal Court. This can become a very long and drawn-out process.


FindLaw Network