You Got a Denial Letter. Now What?
A Social Security denial letter is not the end. For most people, it feels like one – but it isn’t. The reality is that the Social Security Administration denies between 63 and 67 percent of initial SSDI and SSI applications nationwide. That number is not a fluke. It reflects how the system is designed to work. Many people who are genuinely disabled get turned away the first time – which is exactly when a Social Security denial attorney in Los Angeles can make the difference.
As a Social Security denial attorney in Los Angeles, I’ve represented disability claimants for years. The people who win are the ones who appeal – quickly, correctly, and with the right support. The ones who give up after that first denial letter lose everything they worked toward.
If you’ve received a denial and you’re not sure what to do next, this is for you.
Read the Denial Letter Before You Do Anything Else
I mean this literally. Sit down and read it. The letter from SSA contains the specific reason your claim was denied, and that reason determines your entire strategy going forward.
Common denial reasons include:
- Insufficient medical evidence – SSA says your records don’t establish a severe enough condition
- Earnings above SGA – In 2026, the Substantial Gainful Activity threshold is $1,690 per month for non-blind applicants; if SSA believes you earned more than that, they’ll deny on that basis alone
- Failure to meet a listing – Your condition doesn’t match the SSA’s Listing of Impairments at the required severity level
- Resources over the limit – For SSI specifically, having assets above SSA’s limits triggers denial
- Technical denial – You don’t meet work credit requirements for SSDI, or citizenship/residency requirements for SSI
Each denial reason requires a different response. An appeal strategy that works for a medical evidence problem won’t fix an SGA earnings issue. A qualified Social Security denial attorney in Los Angeles will read the letter with you and build the right strategy around the specific reason you were denied.
The 60-Day Deadline Is Not Negotiable
Under 20 C.F.R. § 404.909, you have 60 days to file an appeal after you receive your denial notice. SSA presumes you received the letter 5 days after the date printed on it, which means your effective window is 65 days from the notice date.
Miss that deadline and the consequences are severe. You don’t just lose a round – you lose your application date entirely. That means losing all the back pay that would have accumulated from your original onset date. On a claim worth $1,500 or more per month, a missed deadline can cost you tens of thousands of dollars. A new application starts the clock over from scratch.
Good cause exceptions exist, but they’re rarely granted. Don’t count on one. Act now.
Your Appeal Options After a Denial
The SSA appeal process has four stages – reconsideration, ALJ hearing, Appeals Council, and federal court. Each has distinct rules, timelines, and strategic considerations. We cover the full process in our guide to the four levels of disability appeals.
What matters right now is this: the ALJ hearing is where most denied claims are ultimately won. Nationally, ALJs approved about 57 percent of cases in FY2023 (OIG report). In Los Angeles, hearing wait times have historically stretched 12 to 18 months – which means the work your attorney does between now and that hearing date is what determines the outcome. Arriving unprepared after a year of waiting is a waste of the strongest opportunity in the entire process.
Why Representation at the ALJ Hearing Level Changes Everything
You’re allowed to represent yourself. However, I’ll be direct: that’s rarely a good idea by the time you reach an ALJ hearing.
The judge will question you about your daily activities and limitations, and a vocational expert will testify about jobs they say you can do. If you don’t know how to cross-examine that expert – or when to object – that testimony can sink an otherwise strong case.
An experienced Social Security denial attorney in Los Angeles can:
- Obtain and review your complete SSA file under 20 C.F.R. § 404.1710
- Identify gaps in medical evidence before the hearing
- Obtain treating physician statements addressing SSA’s specific functional requirements
- Prepare you for the judge’s questions
- Cross-examine the vocational expert effectively
- Make legal arguments about applicable rulings and listings
That preparation takes time. Calling sooner – even right after an initial denial – is always better than waiting until your hearing is two weeks away. Learn about your chances of winning disability with a lawyer in Los Angeles.
You Were Just Denied – Can You Even Afford an Attorney?
Yes. The fee structure exists precisely for people in your situation. A Social Security denial attorney doesn’t ask for money upfront – not a retainer, not a consultation fee, not an hourly rate. The entire fee is contingent on winning: 25% of whatever back pay SSA awards, hard-capped at $9,200 (POMS GN 03940.003). SSA calculates and pays it directly. Compare that to the tens of thousands in back pay at stake when a denial goes unchallenged and you can see why the financial math favors getting help immediately.
Los Angeles-Specific Considerations
A few things are specific to our region that directly affect how disability cases are handled.
California’s Medi-Cal program connects directly to SSI eligibility. If you’re unfamiliar with SSI, read our guide on what SSI is in Los Angeles. Winning SSI benefits means immediate access to healthcare – something that matters enormously to low-income claimants who’ve been going without treatment, which can itself hurt their cases.
Los Angeles also has a large population of claimants who speak languages other than English. SSA hearings can be conducted with interpreters, but this requires advance coordination. Missing that step creates procedural problems.
And the cost of living here is among the highest in the nation. That makes back pay – the retroactive benefits from your original application date – especially meaningful. Every missed deadline costs real money.
What to Gather After a Denial
Start pulling together the following while you figure out next steps:
- Your denial letter – the actual document from SSA
- Medical records from every treating provider over the past two years
- Contact information and treatment dates for all doctors, hospitals, and clinics
- Work history documents – pay stubs, W-2s, or employer letters
- Any prior SSA decisions on your file
You don’t need everything organized before you call a Social Security denial attorney in Los Angeles. Having this available just makes the initial consultation more productive.
Frequently Asked Questions
I just received a denial letter. What should I do first?
Read the letter carefully – it contains the specific reason SSA denied your claim. That reason shapes your entire appeal strategy. Then call an attorney before the 65-day deadline (60 days plus a 5-day mail presumption under 20 C.F.R. § 404.909) starts running out. Bring the denial letter, your medical records, and any SSA correspondence to your consultation.
What if my denial says I earn too much to qualify?
This is a Substantial Gainful Activity denial. In 2026, the SGA threshold is $1,690 per month for non-blind individuals. If SSA used incorrect earnings figures, or if some income should be excluded – such as impairment-related work expenses – the denial can be challenged. Don’t assume SSA’s number is right. We’ll pull the file and check.
My denial says my medical evidence is insufficient. What does that mean?
It means SSA reviewed your records and concluded they don’t document a condition severe enough to prevent work – or that the records lack specific functional limitation data. This is the most common denial reason, and it’s often fixable. The appeal strategy focuses on getting updated treating physician opinions, detailed RFC assessments, and any missing diagnostic records into the file before the next level of review.
Can I appeal if I missed the 60-day deadline?
In rare circumstances, yes. SSA allows late appeals for “good cause” – serious illness, not receiving the notice, or a family death. But these exceptions are hard to establish. Act before the deadline whenever possible. If you’ve missed it, call us and we’ll assess whether an exception applies.
SSA ignored my treating doctor’s opinion. Is that legal?
Under current SSA regulations, the agency doesn’t give automatic controlling weight to any single medical source. Instead, it evaluates each opinion for supportability and consistency with the rest of the record. If your doctor wrote that you’re “disabled” without detailing specific functional restrictions – how long you can sit, stand, walk, lift, or concentrate – SSA can discount that opinion. The fix is a detailed medical source statement tied to your treatment records. We help treating physicians complete these correctly.
What does an attorney actually do after I’ve been denied?
First, we read the denial letter and identify exactly why SSA said no. Then we obtain your complete SSA file under 20 C.F.R. § 404.1710 to see what evidence they reviewed – and what’s missing. From there, we build the appeal: updated medical opinions, treating physician RFC statements, responses to every denial ground, and a legal strategy tailored to the next level of review. The goal is to present a substantially stronger case than what SSA saw the first time.
Is it worth appealing, or should I just file a new application?
Almost always, it’s worth appealing. A new application starts your claim date over, meaning you lose all the back pay owed from your original application date. Appealing preserves that onset date and gives you a real shot at an ALJ hearing – where the approval rate is highest. Don’t restart unless an attorney confirms that’s the better path for your specific situation.
Speak With a Social Security Denial Attorney in Los Angeles Today
At Devermont & Devermont, we represent disability claimants throughout Los Angeles on a contingency basis. You pay nothing unless we win. We handle cases at every appeal level – from reconsideration through federal court – and we know the procedures that matter for getting cases approved here in Los Angeles.
If you’ve received a denial letter, don’t wait. Call us at (310) 730-7309 for a free consultation. We’ll review your denial letter, explain your options, and tell you exactly what the next step should be. There’s no obligation and no cost to talk.
The 60-day deadline is real. The back pay at stake is real. Call today.