Common Mistakes People Make After a Disability Denial and How to Avoid Losing Your Appeal Before It Starts

A Social Security Disability denial is discouraging, but it is also a decision with consequences and deadlines attached. Many appeals fall apart for reasons that have little to do with the underlying medical condition. They fall apart because the next steps were missed, rushed, or handled in a way that weakened the record.

Below are common mistakes we see after SSDI and SSI denials, along with the safer way to handle each one.

Don’t let simple mistakes derail your SSD appeal. Contact us or call (888) 687-6022.

Mistake #1: Filing a New Claim Instead of Appealing

One of the most common reactions to a denial is to start over with a new application. That can create problems, especially when the original claim could have been preserved through appeal.

Why it can hurt you:

• It can delay the path to a hearing by restarting the process.
• It can create inconsistencies in alleged onset dates, work history, and symptom descriptions.
• It may affect the way past-due benefits are calculated if the older filing date is not preserved.

What to do instead: 

In many situations, filing the appeal on time is the best way to keep the claim alive and move it forward based on the existing filing date. The right approach depends on the denial reason and the timeline, but “start over” should not be the default decision.

Mistake #2: Waiting Too Long After the Denial Letter Arrives

Appeal rights are time-sensitive. Social Security generally requires appeals within 60 days, and the agency typically assumes the notice was received five days after the date on the letter unless you can show otherwise.

Why waiting can hurt you:

• You can miss the deadline and lose the right to appeal on the merits.
• Evidence can become harder to gather quickly, especially specialist records.
• If the deadline is missed, you may have to argue for a late appeal based on “good cause,” which is not automatic.

What to do instead:

Treat the denial as a deadline event. Preserve the appeal first, then focus on building the record while the case is moving.

Mistake #3: Filing the Appeal but Not Improving the Medical Record

Some people submit the reconsideration appeal and assume the rest will take care of itself. If the record is largely unchanged, the outcome often is too.

What to do instead:

Use the appeal period to strengthen the record in a targeted way, such as:

• Updated treatment notes and specialist records
• Testing and evaluations when they exist and are relevant
• Longitudinal documentation showing persistence over time
• Evidence that addresses the specific reason SSA gave for denial

Deadlines and missteps can cost you benefits. Contact us or call (888) 687-6022.