I believe my SSDI was wrongly denied or stopped. How do I appeal?

Many people who apply for SSDI are denied at first, but then get benefits once they appeal. Considering the small odds of getting approved on the first try, be prepared to get denied and to go through the appeals process.[1720] If Social Security decides to deny your SSDI application, it must mail you a notice of this decision.

    You have a right to appeal. To do so, you must file a “Request for Reconsideration” within 60 days after the date you received the notice.[1721] You can send it by mail, but it’s best to file it in person at a local Social Security office. This way you get a copy with a time-and-date stamp, which proves that you appealed on time.[1722]
    You can also appeal online at: https://secure.ssa.gov/apps6z/iAppeals/ap001.jsp
    If you miss the 60-day deadline due to factors beyond your control, like illness or hospitalization, file a request for a “good cause exception” to the deadline along with your “Request for Reconsideration.[1723]

If Social Security then decides to deny your Request for Reconsideration, it must mail you a notice of this decision.

    Again, you have a right to appeal. To do so, you must file a “Request for an Administrative Law Judge Hearing” within 60 days after the date you got the notice.[1724]

If you can’t afford a lawyer to help with your appeal, you may be able to find free help by contacting a local legal aid office, a local bar association referral services, or another local nonprofit organization that helps with Social Security issues.[1725]

Helpful HintSSSDI Back-payments:

You can’t get back-payments of SSDI for the months you spent in prison or jail. In other words, you can never collect SSDI checks you otherwise would have gotten if you weren’t incarcerated. However, you should be able to collect back-payments of SSDI dating back to the month following the month of your release.

Getting SSDI on the Day You Apply:

In SPECIAL EMERGENCY CASES, you may be able to get benefits on the day you walk into the local Social Security office to complete your SSDI paperwork. This may be possible if:(1) your SSDI was only suspended and not terminated during your incarceration, or you’ve already filed a new SSDI application before your release; (2) you can show proof of a financial emergency; and(3) you haven’t already received benefits for the month.

  1. 1720

    Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf

  2. 1721

    20 C.F.R. § 416.1409

  3. 1722

    Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf

  4. 1723

    20 C.F.R. §§ 404.911(a), 416.1411(a)

  5. 1724

    20 C.F.R. § 416.1433

  6. 1725

    Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf