What is the appeal process for SSDI in South Carolina?
By Hogan Smith
Updated 04/30/2025
If your application for Social Security Disability Insurance (SSDI) has been denied in South Carolina, you’re not alone. Many valid claims are denied at first, but there is a structured appeals process that gives you multiple opportunities to fight for the benefits you deserve. Understanding how this process works in South Carolina is essential for building a strong case and increasing your chances of success.
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Step 1: Reconsideration
The first level of appeal is a Request for Reconsideration. In this step:
- Your claim is reviewed by someone who was not involved in the original decision.
- You can submit additional medical evidence or correct any errors in your initial application.
- This is a paper review—there is no hearing at this stage.
In South Carolina, you have 60 days from the date you receive your denial notice to request reconsideration.
Step 2: Administrative Law Judge (ALJ) Hearing
If your reconsideration is denied, the next step is to request a hearing before an Administrative Law Judge:
- This is your chance to personally appear and explain your case.
- You can bring new evidence, witnesses, and expert testimony.
- The judge will ask questions about your medical condition, work history, and limitations.
South Carolina’s Office of Hearings Operations (OHO) handles these hearings. You can choose to appear in person, by video conference, or by phone, depending on availability.
Step 3: Appeals Council Review
If the ALJ denies your claim, you may request a review by the Social Security Appeals Council:
- The Council may approve, deny, or return your case to the ALJ for further review.
- They will primarily look for legal or procedural errors in the hearing decision.
This step does not involve a personal appearance and can take several months to a year to complete.
Step 4: Federal District Court Lawsuit
If the Appeals Council denies your request or upholds the denial, your final option is to file a lawsuit in federal district court:
- This is a formal legal process, and it’s highly recommended to have an attorney at this stage.
- The court will examine the administrative record to determine whether the SSA made an error in denying your claim.
In South Carolina, this means filing in one of the U.S. District Courts within the state.
Timeline and Tips for the SSDI Appeal Process
- Reconsideration decisions usually take 2–3 months.
- ALJ hearings can take 9–18 months depending on the backlog.
- Keep copies of all documents, continue seeing your doctors, and maintain updated medical records.
- Be persistent—many SSDI claims are approved during the hearing stage.
How Hogan Smith Can Help
At Hogan Smith, we understand the SSDI appeal process inside and out. Our experienced disability attorneys can help you at every level, including:
- Filing your Request for Reconsideration on time.
- Preparing for your hearing with a strong legal strategy.
- Presenting evidence and cross-examining experts at your ALJ hearing.
- Filing appeals to the Appeals Council or Federal Court when necessary.
Contact Hogan Smith Today
Don’t face the SSDI appeal process alone. If your Social Security Disability claim has been denied in South Carolina, contact Hogan Smith for a free consultation. We’ll evaluate your case, guide you through your appeal, and fight to get you the benefits you need.
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