Claims
Appeals after a denial
Most disability claims are denied the first time. The appeal is where the claim gets a real hearing.
A denial letter feels final, but it's the start of a process with set steps and set deadlines. For Social Security, you generally have 60 days from receiving the letter to ask for the next step. For the VA, you generally have one year from the decision.
Miss the deadline and you may have to start over, losing months of back pay. If you have a letter, check its date first, then call.
Social Security: generally 60 days to appeal
VA: generally one year to act on a decision
Keep the envelope; the date you got it can count
The steps after a denial
Social Security has four levels. The VA has three lanes after a decision. I'll tell you which one fits.
- 01
Reconsideration
Social Security's first appeal: a new reviewer looks at the file. It's quick to file and often a step to the hearing.
- 02
Hearing before a judge
An administrative law judge hears you in person, by phone or by video. It's often where a claim turns, and I'm beside you for it.
- 03
Appeals Council and federal court
If the judge says no, the Appeals Council reviews the decision for legal errors, and after it, a federal district court can.
- 04
The VA's three lanes
A supplemental claim with new evidence, a higher-level review by a senior reviewer, or an appeal to the Board of Veterans' Appeals.
Appeal questions
Should I just file a new application?
Usually not. A new application can cost you the earlier start date and the back pay that goes with it. An appeal keeps your original date alive.
What happens at a disability hearing?
It's a small room or a video call, not a courtroom. The judge asks about your health and your days, and often hears from a job expert. It takes about an hour.
I missed the deadline. Is it too late?
Not always. Social Security and the VA can accept a late appeal for good cause, like a hospital stay. Call, and bring the letter.
Got a denial letter?
Check the date at the top. Then call me, and we'll count the days together.
No fee unless you're awarded past-due benefits. On a Social Security claim the fee is a share of back pay, capped and approved by Social Security; on a VA claim it's set in a written agreement filed with the VA. You may still owe small costs, such as fees some doctors charge to copy records, and I'll tell you before any come up.