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Appealing a Disability Denial

Why it's important to appeal your disability denial right away

We understand how discouraging it can be to receive a denial letter. The reality is that most people who apply for Social Security Disability benefits are issued a "Notice of Disapproved Claim," you’re not alone—many claims are initially denied by the Social Security Administration (SSA) due to technical reasons rather than a determination of disability. Having an experienced disability lawyer can make all the difference when appealing a denial.

Don’t Wait—Act Fast


One of the biggest mistakes applicants make is waiting too long after receiving a denial. The Social Security Administration (SSA) gives you only 60 days from the date on your denial letter to request an appeal. Missing this deadline could force you to start the entire application process over.


Important Tip:


SSA allows a 5-day grace period for mailing delays, but it’s best to file as soon as possible to avoid any issues.


Understand Why You Were Denied


Before appealing, it's important to understand the reason for your denial. Common reasons include:


  • Lack of recent or complete medical records

  • SSA says your condition isn't “severe” enough

  • SSA believes you can still do past or other work

  • Errors or inconsistencies in your application

  • Financial ineligibility for SSI


At The Nunley Law Group, we carefully review your denial notice and identify the exact issues to address in your appeal.


Choose the Right Appeal Stage


The SSA has a multi-step appeals process. Here's what each stage involves:


1. Reconsideration


  • Your claim is reviewed by someone who was not involved in the original decision.

  • You can submit new medical evidence or corrections.

  • This is the most common first step in the appeals process.


2. Hearing Before an Administrative Law Judge (ALJ)


  • If reconsideration is denied, you can request a hearing.

  • This is your chance to present your case in person or by video to a judge.

  • Medical experts, vocational specialists, and legal representation are allowed.


3. Appeals Council Review


  • If the ALJ denies your claim, you can ask the SSA Appeals Council to review the decision.

  • The council may approve, deny, or send your case back to the judge.


4. Federal Court


  • If all SSA appeals are denied, you can file a lawsuit in federal district court.

  • This step typically requires an experienced disability attorney.


Why Appealing with Legal Help Matters


Appealing a disability denial is complex. Having an experienced attorney significantly increases your chances of success—especially at the hearing level. At The Nunley Law Group, we:


  • Identify and fix weaknesses in your original application

  • Gather missing medical records or secure expert statements

  • Prepare you for your hearing and cross-examine SSA experts

  • Advocate for your rights at every stage of the appeal


How Long Does the Appeals Process Take?


The timeline can vary depending on the stage:


  • Reconsideration: 2–6 months

  • Hearing: Often 6–12 months, depending on the backlog in your region

  • Appeals Council or Federal Court: Several months to over a year


Although the wait can be long, success at appeal often results in back pay, covering benefits owed from the date of disability onset.


You Have the Right to Fight Back


If you’ve been denied SSDI or SSI benefits, don’t give up. Let The Nunley Law Group help you navigate the appeals process and build a stronger, more compelling case.


📞 Contact us today for a free consultation and take the next step toward the benefits you’ve earned.

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