Getting turned down for Social Security disability is frustrating and demoralizing. It can feel like the system is designed to wear you down. But that doesn’t mean you have to give up. You can appeal. And the good news is that you’ll have a better chance of winning your case once you go to a hearing with a disability judge. The bad news? You’ll usually have to wait a long time before you can actually get to that hearing.

Here’s what you have to do to appeal, and what you can expect to happen along the way.

The First Hurdle: Reconsideration Review

You’ll probably need to start your appeal by asking for what’s called a “reconsideration review,” although a few states let you skip this step. Look closely at the letter you received denying your application (the “notice of decision”); it will tell you how to appeal. Whether you appeal online or send in the forms (available on Social Security’s forms page), Social Security must receive your request within 60 days of your getting the notice of decision.

A disability examiner will then review your file, including any new evidence you provided, and make a decision. The entire reconsideration process takes more than three months, on average.

Don’t be surprised if you’re turned down again at this point. Almost all cases are denied on reconsideration review. But going through this part of the process gives you the right to request a disability hearing, where the odds of success will be more in your favor.

Asking for a Disability Hearing

You’ll follow pretty much the same process to ask for a hearing with a disability judge. Within 60 days of receiving the notice of decision, you can appeal online or turn in your request form. At the same time or soon after (within 10 days), you’ll also need to turn in other forms with updated information about your medical condition, treatment, medication, and activities.

The Big Wait: Getting to See a Disability Judge

Now comes the hard part: waiting for your hearing. In a survey we conducted about experiences with the Social security disability system, nearly six in ten readers told us it took more than a year to get a hearing date. At different Social Security offices around the country, average wait times range from 9 to 25 months.

Naturally, you’re likely to face serious financial pressures while you’re waiting. But it’s important to keep seeing your doctors and taking your medications, if at all possible. This can be tough when you’re not working and don’t have health insurance. Some doctors will keep seeing you when they know you’ve applied for Medicaid. You can also try going to free clinics or hospital ER rooms.

On the bright side, if you "age into another age bracket" while you wait for your hearing, you'll have a better chance of getting benefits. For instance, if you turn 60 by the time of the hearing (or even 59 ½ in some cases), Social Security will apply the rules for those "closely approaching retirement age," which make it easier to prove disability.

If you’re physically able to work part-time, know that you could jeopardize your case if you earn too much—what Social Security considers “substantial gainful activity” ($1,220 a month in 2019).

Preparing for the Hearing

Social Security will give you at least 75 days’ notice before your actual hearing date, so you’ll have time to get ready. You should strongly consider finding a good disability lawyer at this point if you don’t already have one. Our survey showed that readers with legal representation at the hearing were more than twice as likely to be approved for benefits, compared to those who went through the hearing on their own. (If you couldn't find a lawyer to take your case at the outset, you may have better luck now—some lawyers don't want to represent claimants until the appeal hearing.)

With or without a lawyer, your preparation for the hearing should include:

• going back to see your doctor and making sure you have updated medical records
• having your doctor fill out a “residual functional capacity” form, or at least a detailed letter that explains what work activities you can’t do because of your medical condition
• asking a caregiver or former employer to testify at the hearing about the difficulties you experience because of your medical condition
• submitting new medical evidence to the hearing office at least five days before the hearing
• preparing for questions the judge may ask at the hearing, and
• writing a document that explains how your medical evidence shows you meet the Social Security requirements for disability.

What Happens at the Disability Hearing?

Disability hearings are informal and brief (usually 15 minutes to an hour) and are usually held in a small hearing room rather than a courtroom. Social Security may want to schedule your disability hearing by video conference, but you have the right to insist on an in-person hearing. A video hearing may be more convenient and happen faster, but it may be easier to convince a judge of your disability in person.

The judge might start the hearing by asking you questions about what you can and can’t do because of your medical condition. If you’ve brought witnesses, they’ll testify. Usually, a vocational expert will be there (often by phone) to answer questions about the jobs that someone with your limitations could do. Sometimes, the judge will have a medical expert testify as well. You or your lawyer can ask the experts follow-up questions.

After the Hearing: Getting Your Disability Check or Yet More Appeals

Usually, you’ll receive the judge’s decision within one or two months after the disability hearing. If you’re approved for SSDI, you should begin receiving checks within about a month. If you’re denied again, you have two more possible appeals:

• appealing to the Social Security Appeals Council, which may or may not decide to review your case for mistakes by the hearing judge, and
• filing a lawsuit in federal court.

A disability attorney can help you decide whether it makes sense to appeal again, given the particular circumstances in your case.