Your Right to Appeal

If your claim for Social Security Disability (SSDI) or Supplemental Security Income (SSI) is denied, you have the right to appeal the agency’s decision. In Vermont appeals are first sent back to Disability Determination Services (DDS) in Waterbury to be reconsidered. Since DDS is the same agency that denied benefits in the first place, it rarely sees things differently the second go around. However, if DDS changes its mind, Social Security awards benefits and starts processing the claim for payment. If the claim is denied after reconsideration, then the claimant has a right to request a hearing before an Administrative Law Judge (ALJ) for the Social Security Administration. Neither New Hampshire nor New York go through the reconsideration stage. If a claim is denied in one of those two states, then the claimant must appeal for a hearing directly.

Hearings before an Administrative Law Judge

If your claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is denied, you have the right to appeal the decision.

The first level of appeal is a reconsideration, which is handled by Disability Determination Services (DDS) in the state in which you live. Because this is the same agency that issued the initial denial, approvals at the reconsideration stage are uncommon. That said, if DDS does reverse its decision, Social Security will award benefits and begin processing your payments.

If your claim is denied again at the reconsideration stage, you have the right to request a hearing before an Administrative Law Judge (ALJ) with the Social Security Administration. This is often the most critical stage of the process, where claimants have the opportunity to present evidence and testify in person (or by video or telephone).

The appeals process can be lengthy and complex. If your claim has been denied, the experienced disability attorneys at Jarvis & Modun can help guide you through every step of the process and fight for the benefits you deserve. Contact us for a free consultation.

The Role of Vocational and Medical Experts in Disability Hearings

Medical and vocational experts can significantly influence the outcome of a Social Security disability claim.

Medical Experts (MEs) may testify about the nature and severity of your impairments, whether your conditions meet or equal a listed impairment, and how your impairments affect your residual functional capacity (RFC)—that is, your ability to perform work-related activities on a sustained basis. The Administrative Law Judge (ALJ) considers the expert's opinions when deciding whether your condition qualifies as disabling under the medical listings or whether you retain the capacity to work.

Vocational Experts (VEs) play a different but equally important role. They classify your past work according to the U.S. Department of Labor’s Dictionary of Occupational Titles (DOT) and assess the physical and mental demands of those jobs as typically performed in the national economy. During the hearing, the ALJ will often pose hypothetical questions to the vocational expert based on assumed limitations, asking whether a person with those limitations could return to your past work or perform other jobs that exist in significant numbers.

You may not agree with the limitations used in the ALJ’s hypothetical questions, and in many cases, that disagreement forms the basis of an appeal. A successful appeal often turns on whether the limitations posed to the vocational expert accurately reflect the limitations caused by your medical impairments.

At Jarvis & Modun, we understand the critical role these experts play. We know how to challenge flawed assumptions and build a strong record that reflects your true limitations. Let us help present your case the right way—call us for a free consultation.

Appeals after the Hearing

If the Administrative Law Judge (ALJ) denies your Social Security Disability (SSDI or SSI) claim—either in full or in part—you have the right to continue appealing the decision.

The next level of appeal is to the Social Security Appeals Council, located in Falls Church, Virginia. The Appeals Council reviews all appeals of ALJ decisions from across the country. It may reverse the denial, remand the case back to the ALJ for further proceedings, or decline to review the case at all.

If the Appeals Council declines review or upholds the ALJ’s decision, you may then file a civil action in the U.S. District Court for the district where you live. This marks the beginning of federal court litigation, where a judge will review the administrative record to determine whether Social Security’s decision was legally correct and supported by substantial evidence.

If the District Court denies your claim, you may appeal to the U.S. Circuit Court of Appeals that covers your region. For Vermonter and New Yorker, that is the Second Circuit Court of Appeals. For New Hampshire, it is the First Circuit Court of Appeals. The final level of appeal is the U.S. Supreme Court, but the Court accepts only a very small number of cases and chooses which ones it wants to hear. Most disability cases do not reach this level.

At Jarvis & Modun, we represent clients through every level of appeal, including in federal court. If your claim has been denied, call us for a free consultation to discuss your rights and options.

How Jarvis & Modun Helps You through the Appeals Process

Applying for Social Security Disability benefits can be a long and frustrating experience. From the outside, the Social Security Administration may feel like a massive, faceless bureaucracy. For most people, facing it even once is overwhelming.

At Jarvis & Modun, we’ve guided clients through the disability process hundreds of times—from the initial application stage all the way to the U.S. Circuit Court of Appeals. We understand the system. If you hire us, we become your advocates, helping you navigate the process with confidence and clarity.

We give you honest legal advice at every stage—explaining the strengths and weaknesses of your claim, and advising you on what can be done to improve it. We handle all the deadlines and procedural requirements so you can focus on your health. That includes filing appeals on time and making sure critical medical and vocational evidence is submitted into your file when needed.

We also know how to work with medical and vocational experts, who often play a crucial role in disability cases. Most claimants have no prior experience dealing with expert witnesses, and their testimony can be complex and confusing. We’ve questioned experts in hundreds of hearings and know how to ask the right questions to support your case.

Above all, we advocate vigorously for you. We know how to argue your case—both the facts and the law—to show that you are entitled to benefits. Put our knowledge and experience to work for you.

Call Jarvis & Modun at (802) 540-1030 for a free consultation about your SSDI or SSI claim.