Denied Disability in Arizona. You have 60 days. Here is what to do with them.

First, find the deadline

Look at the date on the denial letter. You have 60 days from the day you receive it to appeal. Social Security assumes you received it five days after the date on the letter. Count from there and write the deadline down.

Appeal, do not reapply

An appeal usually keeps your original application date and the back pay tied to it. A new application usually does not. Filing a new claim after a denial is one of the most costly mistakes we see.

The appeal levels

1. Reconsideration. A different examiner at Arizona’s Disability Determination Services reviews the file. Send new medical evidence with this request. Many claims are denied again at this step.
2. Hearing before an administrative law judge. You testify, and a vocational expert usually testifies about jobs. This is the first time a decision-maker sees you in person, by video, or by phone.
3. Appeals Council. Reviews the judge’s decision for legal error.
4. Federal court. A civil action in the United States District Court for the District of Arizona.

Each step has its own 60-day deadline. Details are in the appeals process.

Arizona hearing offices

Social Security has three hearing offices in Arizona: downtown Phoenix, north Phoenix, and Tucson. Our office is on the same floor as the North Phoenix hearing office. In our recent experience, hearings are scheduled about six months after the request is filed. Wait times change and are set by Social Security.

Why Arizona claims are denied

• The medical records are incomplete or out of date.
• No treating doctor has described your work limits.
• The examiner decided you can do your past work or other work.
• You missed a consultative exam or did not return a form.
• For SSI, your income or resources were over the limit.

The denial letter lists the records the examiner reviewed and the reason. Read that section first. It tells you what the appeal has to fix.

What to do in the next 60 days

1. File the appeal. Do not wait for more records before filing.
2. Keep going to your doctors. Gaps in treatment are used against you.
3. Ask your doctor to complete a medical source statement.
4. Tell Social Security about any new doctor, test, or hospital stay.
5. If you are 50 or older, read about the grid rules. They may change the result.

How we help after a denial

We file the appeal, request your complete Social Security file, update the medical evidence, and represent you at the hearing. Attorney Joseph J. Duerst has represented claimants at more than 3,500 Social Security hearings. There is no fee unless you are awarded benefits.

See what to expect in your hearing, or read about SSDI and SSI appeals in Arizona.

J Disability Law Firm, PLLC · Joseph J. Duerst, Attorney · 18444 N. 25th Ave, Suite 420, Phoenix, AZ 85023 · (602) 607-0000. This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past results do not predict the outcome of your case.