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What to Do After Being Denied Social Security Disability or SSI Benefits

Mark J. Keller, Esq
Apr 7, 2025
2 min read

Updated: Sep 13

Man in a blue shirt looks worried, reading a document at a table with a laptop and coffee mug, in a softly lit room.

Updated September 13, 2026


A Social Security Disability or SSI denial can feel final, but it usually is not. The notice explains why the claim was denied and identifies the next appeal step. What happens immediately after receiving that notice can affect whether the claimant preserves the original filing date and the right to challenge the decision.


Read the Entire Notice


Do not rely only on the first page. Review the medical sources SSA considered, the reasons given for the decision, the date of the notice, and the appeal instructions. Missing doctors, incorrect work history, an inaccurate onset date, or a statement that the condition is not severe enough may reveal where the record needs work.


The Appeal Deadline Is Usually 60 Days


A claimant generally has 60 days after receiving the decision to request the next level of review. SSA ordinarily assumes the notice was received five days after its date unless there is evidence otherwise. Waiting until the last week is risky. If the deadline has passed, a late appeal may require good cause and is not automatically accepted.


Reconsideration Comes First in Most Cases


In New York, the first appeal after an initial denial is generally reconsideration. A different examiner reviews the claim, including new evidence submitted before the decision. If reconsideration is denied, the next step is usually a request for a hearing before an Administrative Law Judge.


Strengthen the Record, Not Just the Argument


An appeal should do more than say the first decision was wrong. Updated treatment notes, diagnostic testing, medication history, functional assessments, mental health records, and accurate descriptions of past work can address the reason for denial. Evidence should explain what the claimant cannot sustain throughout a normal workday and workweek.


Do Not File a New Application Without Advice


Starting over may sacrifice appeal rights or an earlier potential benefit date. There are situations where a new filing is appropriate, but that decision should be made after reviewing the procedural history and insured status.


Prepare Early for a Hearing


Hearing preparation begins long before a date is assigned. The claimant should continue treatment, report new providers, keep contact information current, and document changes in symptoms, medication effects, and work attempts. Consistency across testimony, forms, and medical records is critical.


The Law Office of Mark J. Keller represents people appealing SSDI and SSI denials. Prompt review leaves more time to preserve the deadline and develop the evidence.


 
 
 

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