Learn About Filing a Lawsuit Over SSDI Denial

Understanding Social Security Disability Insurance (SSDI) and Denial Decisions

Social Security Disability Insurance (SSDI) is a federal program that provides monthly payments to people who cannot work due to a severe medical condition. The program was created in 1956 and is administered by the Social Security Administration (SSA). To receive SSDI benefits, a person must have worked in jobs covered by Social Security and have accumulated enough work credits. Additionally, their medical condition must prevent them from performing substantial gainful activity—meaning work that typically generates at least a certain monthly income (in 2024, this threshold is $1,550 per month).

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The SSA receives hundreds of thousands of SSDI applications each year. According to the most recent data, approximately 60% of initial SSDI applications are denied. This high denial rate occurs for various reasons. Some applications are denied because the applicant does not have enough work history to meet requirements. Others are denied because medical evidence does not support that the condition is severe enough to prevent all work. Sometimes applicants receive denials due to incomplete documentation or failure to follow required procedures.

When a denial occurs, the SSA provides a written explanation. This notice states the specific reason(s) why the application was denied and informs the applicant of their right to appeal. Understanding this initial denial is the first step toward considering a lawsuit or further legal action. The denial letter is a critical document because it contains information about what the SSA found and what evidence they considered.

Practical takeaway: Keep the denial letter in a safe place and read it carefully. Note the specific reasons given for the denial, as these reasons will be important if pursuing further action. The SSA's explanation tells you what would need to change—either new medical evidence, additional work history documentation, or correction of a procedural error—to potentially succeed in an appeal or legal challenge.

The Appeals Process Before Considering Litigation

Before filing a lawsuit over an SSDI denial, federal law requires that an applicant go through several administrative appeal steps. Understanding these steps is essential because a lawsuit cannot proceed unless these earlier processes are completed. The SSA has established a four-level appeal system: reconsideration, hearing before an administrative law judge (ALJ), Appeals Council review, and federal court review.

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The first appeal level is reconsideration. After receiving a denial, an applicant has 60 days to request reconsideration of their case. During reconsideration, a different SSA examiner reviews the entire application, including the original medical evidence and any new medical records the applicant submits. The reconsideration decision typically takes 3 to 6 months. Applicants can submit new medical records, test results, doctor's statements, or other evidence they believe was missing from the original application. Many cases are still denied at reconsideration, but some applicants receive approval at this stage.

If reconsideration is denied, the applicant can request a hearing before an administrative law judge (ALJ). This is often called a "hearing request" or "ALJ hearing." An ALJ is an independent decision-maker (not employed by the SSA's initial claims office) who reviews the case. At an ALJ hearing, the applicant or their representative can present new evidence, call witnesses (such as medical providers), and respond to questioning. The ALJ also reviews medical records and work history. According to SSA data, approximately 40% of cases are approved at the ALJ hearing level—a significantly higher approval rate than initial applications. The wait time for an ALJ hearing varies by location but typically ranges from 6 to 18 months.

If the ALJ denies the claim, the next step is Appeals Council review. The Appeals Council is a panel within the SSA that reviews ALJ decisions. They examine whether the ALJ followed proper procedures and whether the decision is supported by evidence. The Appeals Council can approve the claim, deny it, or return the case to the ALJ for further review. This process takes several months.

Practical takeaway: Most SSDI denials are reversed or approved through the administrative appeal process rather than through lawsuits. Before considering legal action, complete the reconsideration and ALJ hearing steps. An ALJ hearing is particularly important because it provides an opportunity to present new evidence and have a different decision-maker review the case. Many applicants benefit from having a representative (attorney or non-attorney advocate) at the ALJ hearing stage.

Grounds for Filing a Lawsuit Over SSDI Denial

After exhausting the administrative appeal process, an applicant who remains dissatisfied with the SSA's decision may file a lawsuit in federal court. However, not every disagreement with an SSDI denial provides legal grounds for a lawsuit. Federal law limits the reasons a federal court will overturn an SSA decision. Understanding these legal grounds is crucial because they determine whether a lawsuit has any realistic chance of success.

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The primary legal standard in SSDI cases is whether the SSA's decision is "supported by substantial evidence." This means the court does not re-decide whether the person is actually disabled. Instead, the court asks whether the SSA's decision—whether approval or denial—could reasonably be supported by the medical and work-history evidence in the case record. If substantial evidence supports the decision, the court must uphold it, even if the court might have decided differently. This is a very limited standard of review that favors the SSA in most cases.

Common legal grounds for challenging an SSDI denial in court include: (1) The SSA failed to follow its own rules or procedures, such as failing to obtain medical records the applicant requested or improperly weighing medical evidence. (2) The SSA misapplied the law, such as incorrectly interpreting work-history requirements or misunderstanding the definition of disability. (3) The ALJ or SSA decision-makers made errors of fact that were not supported by any evidence in the record. (4) The SSA failed to consider important medical evidence that was submitted. (5) The ALJ's reasoning contains internal contradictions or logical errors. (6) The SSA applied standards or rules that conflict with federal regulations.

It is important to understand what does not provide grounds for a lawsuit. A disagreement with the SSA's medical judgment—for example, believing the SSA underestimated the severity of an applicant's condition—is generally not grounds for a federal court to overturn the decision, provided the SSA's decision is supported by some medical evidence. Similarly, arguing that new medical evidence has developed since the SSA's decision typically does not result in a court overturning the denial. Instead, new medical evidence usually must be considered through a new application or a remand (sending the case back to the SSA for further consideration).

Practical takeaway: Before filing a lawsuit, identify specific procedural errors, legal misinterpretations, or factual mistakes that the SSA made. A lawsuit based solely on disagreement with medical judgments or lack of approval is unlikely to succeed. Work with an attorney to review the SSA's decision and the case record to identify actual legal errors rather than simple disagreements about disability.

Working With an Attorney and Understanding Representation Agreements

Most successful SSDI lawsuits are handled by attorneys who specialize in Social Security law. These attorneys understand federal procedure, SSA regulations, and the types of legal arguments that federal courts consider in SSDI cases. However, applicants should understand how attorneys in these cases are paid and what legal representation involves.

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In SSDI cases, attorneys typically work under a contingency fee arrangement, which means they are paid only if they successfully obtain benefits (either through litigation, appeal, or remand). The fee structure is regulated by federal law. If an attorney secures past-due benefits (money owed from the time the disability began to the time benefits were approved), the attorney may receive a fee equal to 25% of the past-due benefits, up to a maximum of $6,600 (as of 2024, subject to annual adjustment). This means the applicant receives 75% of past-due benefits, while the attorney receives 25%, capped at the maximum amount.

Before hiring an attorney, the applicant and attorney must sign a fee agreement that has been approved by the Social Security Administration. This agreement specifies the amount the attorney can charge and outlines the attorney's responsibilities. The applicant has the right to request a review of the fee amount if they believe it is excessive. Some attorneys also charge a separate fee for non-representation work, such as ordering medical records or obtaining opinion letters, but these costs must be clearly disclosed and agreed to in advance.

When selecting an attorney, consider these factors: (1) Does the attorney spec