Applying for Social Security Disability benefits is a multi-step process that often takes time and persistence. Many valid claims are denied early, even when a person is genuinely unable to work. Understanding each stage of the application and appeal process can help you avoid common mistakes and know what to expect if your claim is denied.
Initial Application
The first step is filing an application for Social Security Disability Insurance (SSDI) benefits with the Social Security Administration. You can apply online, by phone, by mail, or in person with a claims representative at your local Social Security office. Many people also choose to work with a lawyer at this stage to ensure the application is completed correctly and supported with appropriate information.
After you apply, your claim is reviewed by your local Social Security field office. At this stage, the agency verifies non-medical eligibility factors such as your age, marital status, work history, and whether you have earned enough work credits by paying into the Social Security system.
Once that review is complete, your file is sent to Disability Determination Services (DDS). DDS evaluates whether your medical condition meets the SSA’s definition of disability. This includes gathering medical records from your treating providers. In some cases, DDS may also schedule you for an examination with a consultative doctor paid by Social Security to assess the severity of your impairments.
RELATED POST: What Happens During the DDS Medical Review?
Request for Reconsideration
If your initial application is denied, the next step is a Request for Reconsideration. This is a mandatory appeal stage.
Reconsideration is essentially a second review of your claim by DDS, but with different examiners than those who handled the initial decision. Unfortunately, many claims are denied again at this stage, even when new evidence is submitted. Because reconsideration deadlines are strict, it is important to act quickly and ensure your appeal is complete and accurate.
Hearing Before an Administrative Law Judge
If your claim is denied at reconsideration, you may request a hearing before an Administrative Law Judge (ALJ). Your case is transferred to the Office of Hearing Operations (OHO), where it waits to be scheduled for a hearing.
Hearing wait times are often lengthy. The estimated national average wait time is approximately 7.8 months, or about 235 days, from the date the Request for Hearing is filed.
For claimants in Pensacola, Florida, hearings are handled by the Mobile, Alabama hearing office. As of August 2025, the Mobile OHO reported an average processing time of approximately 252 days. This waiting period begins only after the hearing request is filed, not from the date of the original application.
If you are approved at the hearing level and the decision is not reviewed by the Appeals Council, your case is sent back to the local field office for payment processing.
Appeals Council
If the Administrative Law Judge issues an unfavorable decision, you may appeal to the Appeals Council. The Appeals Council does not hold another hearing. Instead, it reviews the judge’s decision to determine whether legal or procedural errors were made.
The Appeals Council may deny review, remand the case for a new hearing, or issue a favorable decision. Most appeals are denied at this level, which makes careful briefing and properly submitted evidence critical.
RELATED POST: Submitting New Evidence to the Appeals Council
Federal Court
The Appeals Council will do one of three things: deny your appeal, remand the case for another hearing, or find you disabled. If the Appeals Council denies your appeal, your final option is to file a civil action (lawsuit) in United States Federal Court.
Federal court appeals are complex and require strict compliance with procedural rules. At this stage, representation by an experienced disability attorney is essential.
RELATED POST: What Happens When You Disagree with the Appeals Council?
Get Help with Your Social Security Disability Claim
If you need help navigating the Social Security Disability application or appeals process, working with an experienced attorney can make a significant difference. A lawyer can help ensure deadlines are met, evidence is properly developed, and your case is presented as clearly and effectively as possible.
To speak with a Social Security Disability lawyer, contact Nick Ortiz at Ortiz Law Firm. Call (888) 321-8131 today to schedule a free case evaluation.
If you need help with your Social Security Disability claim, contact a Social Security Disability lawyer like Nick Ortiz. Call the Ortiz Law Firm today at (888) 321-8131 to schedule a free case evaluation.
