Around 70-80% of people get denied after submitting their initial application. Most people end up getting their benefits at a later stage of the application process. It’s almost always worth appealing. While there are a few exceptions, you generally have 60 days to appeal to the next stage. If you don’t, you may need to restart your application.
If you get denied, appeal to the reconsideration stage.
The reconsideration stage is the first stage of appeal. You just need to fill out a simple form stating you want your application to be reconsidered. About 90% of people get denied at this stage, so don’t be too discouraged if you receive a denial again.
If you get denied again, request a hearing (most of the time)
A lot of people end up getting their benefits at the hearing stage. You are three times more likely to get benefits at the hearing stage if you have a lawyer with you. You’ll make your case in front of an Administrative Law Judge and someone from the government will be there to evaluate the type of work you could do. That person is called a vocational examiner (VE).
Generally, you don’t want to go before an ALJ more than once. If you lose at the ALJ stage, it will be much harder to start over again from the initial application stage. Be sure to talk to a lawyer well ahead of your hearing. You can always ask the judge for a delay to find representation (although the judge may not grant your delay request). You can also pull your application before the hearing and restart. Although you will lose the back pay if you pull your application; it’s often better to start over with a lawyer’s help instead of losing before an ALJ.
And if the ALJ denies you? Move on to the Appeals Council and, eventually, Federal Court
If you get an unfavorable decision from the ALJ, you can appeal. You’ll appeal first to the Appeals Council, a group of nine ALJs who review decisions. They will decide whether they disagree with the ALJ’s decision. They can decide to review your case and give you a new (or the same) decision, decide to send your case back to the judge for re-evaluation, or they can decide not to review your case.
When you move to federal court, it is a bit different. You often need a different type of lawyer. The judges will be making a determination about whether the ALJ made an error of law based on all the facts provided. It is a harder battle.