How to appeal a disability rejection in California?
By Hogan Smith
Updated 07/07/2025
Receiving a rejection notice for your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim can be disheartening. However, it is important to know that a denial does not mean the end of your case. Many disability claims in California are approved at later appeal stages when applicants provide stronger evidence or clarify issues identified by the Social Security Administration (SSA).
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1. Understanding Why Your Disability Claim Was Denied
Before appealing, it is essential to understand the reason for your denial, which is detailed in your SSA denial letter. Common reasons include:
- Insufficient medical evidence
- Failure to follow prescribed treatment
- SSA believes you can perform past work or other work
- Incomplete application or missing documentation
- Earning above Substantial Gainful Activity (SGA) limits
Identifying the specific reason will guide you in strengthening your appeal.
2. What Are the Steps to Appeal a Disability Rejection in California?
The SSA appeals process has four levels. You must appeal each level within 60 days of receiving the denial notice to continue your claim.
Step 1: Request for Reconsideration
- What it is: A complete review of your claim by a different examiner at California Disability Determination Services (DDS)
- How to file: Submit Form SSA-561 online at ssa.gov, by mail, or in person at your local SSA office
- What to include: Updated medical records, new diagnoses, recent treatment notes, and any additional evidence that supports your disability
This stage usually takes 1 to 3 months. About 10-15% of reconsideration appeals are approved in California, so preparing thoroughly is crucial.
Step 2: Hearing Before an Administrative Law Judge (ALJ)
If reconsideration is denied:
- How to request: File a hearing request online or at SSA within 60 days
- What happens: You present your case before an ALJ, who reviews your testimony, medical records, and expert opinions
- Preparation: Gather comprehensive medical evidence, consider obtaining detailed Residual Functional Capacity (RFC) statements from your doctors, and prepare to answer questions about how your condition affects your daily life and ability to work
The average wait time for a hearing in California is 12 to 18 months depending on the hearing office backlog.
Step 3: Appeals Council Review
If the ALJ denies your claim:
- How to request: Submit a request for Appeals Council review within 60 days
- What they do: The Appeals Council reviews the ALJ decision for legal or procedural errors. They may approve your claim, deny the review, or send it back to the ALJ for another hearing.
This stage typically takes 6 to 12 months.
Step 4: Federal Court Review
If the Appeals Council denies your claim or upholds the ALJ decision:
- You can file a lawsuit in Federal District Court
- This involves formal legal procedures and deadlines, and representation by an experienced disability attorney is recommended
3. How to Strengthen Your Disability Appeal in California
To increase your chances of winning on appeal:
- Review your denial letter carefully to address specific reasons for denial
- Gather updated medical records, including recent test results, hospitalizations, and specialist evaluations
- Obtain detailed doctor’s statements explaining how your condition prevents work
- Maintain consistent treatment and follow all medical recommendations
- Prepare for hearings thoroughly, including practicing testimony and understanding SSA’s evaluation process
4. How Long Does the Disability Appeals Process Take in California?
- Reconsideration: 1 to 3 months
- Hearing: 12 to 18 months
- Appeals Council: 6 to 12 months
- Federal Court: 1 year or longer
While these timelines can feel long, many claimants are ultimately approved at the hearing stage with proper preparation.
How Hogan Smith Can Help
Appealing a disability rejection is often overwhelming, especially if you are managing a severe health condition. At Hogan Smith, our experienced disability attorneys can:
- Review your denial letter to identify weaknesses in your initial application
- Gather comprehensive medical evidence and expert opinions to strengthen your case
- File all appeals accurately and on time to avoid dismissal
- Represent you at hearings, cross-examine SSA experts, and argue for your right to benefits
Contact Hogan Smith Today
If your SSDI or SSI claim has been denied in California, do not give up. Contact Hogan Smith today for a free consultation, and let our team fight to secure the disability benefits you deserve to protect your health and financial stability.
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