If you are denied Social Security Disability (SSD) or Supplemental Security Income (SSI) from the Social Security Administration (SSA) it is important that you appeal. You have only 60 days from the day you were denied to appeal the decision. If you have missed the 60 dates to appeal see the attached instructions.
If you are denied, you should call 1-800-772-1213 right away to appeal. If you prefer, you can go to your local Social Security office to appeal.
In order to complete your appeal for SSD/SSI benefits, you need to complete all the following paperwork and return the paperwork to Social Security right away. Social Security will give you:
If you are having a hard time completing the forms on your own, you can go to your Social Security Office for assistance. A Social Security worker can help you complete the forms.
When you appeal the Social Security denial of your application, you are Requesting Reconsideration. Once you have given Social Security all of the necessary paperwork listed above, Social Security will send your appeal to Disability Determination Services (DDS) in Raleigh, NC. A DDS worker will look at your SSD/SSI application again and decide if your request for benefits should be approved or denied. You can call 1-888-422-4394 to check on the status of your Request for Reconsideration.
If your Request for Reconsideration is denied, you need to appeal again. You have 60 days to appeal once your Request for Reconsideration is denied. Again, you can call Social Security at 1-800-772-1213 to appeal, or you can go to your local Social Security Office. You will need to fill out additional paperwork to complete this next appeal. Again, if you are having difficulty, a Social Security worker can help you complete the forms.
This next stage of appeal is called Request for Administrative Law Judge Hearing. It will probably take between 16 and 20 months before you have your ALJ hearing. You should contact a private attorney to assist you with your ALJ request.
It is important that you appeal your Social Security denial on time. If you don’t, you will have to start the entire process over again in order to apply for SSD/SSI benefits. Also, if you receive Medicaid because you have a disability, you have to appeal your denial for SSD/SSI benefits. If you do not appeal your denial, you will lose benefits from Medicaid.
You may also want to see Benefits: Denied SSD or SSI Benefits and missed the Deadline to Appeal
To find other Legal Aid of North Carolina materials, including any materials mentioned in this document, go to lawhelpNC.org. If you need legal help please go to legalaidnc.org/.