Disability Attorneys in My Area: SSDI — Georgia, Georgia
10/12/2025 | 1 min read
SSDI Denials and Appeals in Georgia, Georgia: A Practical Guide for Claimants
Receiving a Social Security Disability Insurance (SSDI) denial in Georgia, Georgia can feel overwhelming, but a denial is not the end of your claim. Federal law provides multiple appeal levels and strict timelines designed to protect claimants who can show they are unable to engage in substantial gainful activity due to medically determinable impairments. This guide explains the SSDI appeals process, core federal rules that apply to Georgia residents, and concrete steps to strengthen your case—presented with a slight claimant-focused perspective while staying within the bounds of authoritative law and policy. Throughout, you will find references to the Social Security Administration (SSA), the Code of Federal Regulations (CFR), and the Social Security Act.
Georgia claims follow the same federal standards that apply nationwide. Initial determinations are made by SSA in coordination with a Georgia state disability determination service (often referred to as DDS), and appeals proceed through reconsideration, a hearing before an Administrative Law Judge (ALJ), review by the Appeals Council, and then federal district court review. The deadlines are short (generally 60 days for each step), but you have enforceable rights to submit evidence, be represented, and obtain a written decision explaining the reasons for any unfavorable determination. If you are searching for “disability attorneys in my area,” ensure the representative understands both the federal rules and practical realities of presenting evidence for Georgia-based claimants.
This guide will help you understand your rights, identify common reasons for denial, and take precise, timely actions to preserve your appeal. It also offers Georgia-specific next steps for contacting SSA locally and preparing for hearings handled within the Atlanta-based SSA region that serves Georgia. To increase search visibility for people who need this information quickly, we include the phrase “SSDI denial appeal georgia georgia,” which reflects how some claimants search for help.
Understanding Your SSDI Rights in Georgia
SSDI is a federal program under Title II of the Social Security Act. To qualify, you must be “insured” through sufficient work credits and meet SSA’s strict definition of disability. The following core rules apply to all Georgia claimants:
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Insured status: You generally must have worked and paid Social Security taxes long enough and recently enough to be insured at the time you became disabled. See 20 CFR 404.130 and related provisions for insured status requirements.
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Definition of disability: SSA defines disability as the inability to engage in substantial gainful activity because of a medically determinable physical or mental impairment that has lasted or is expected to last at least 12 months, or result in death. See 20 CFR 404.1505.
Five-step sequential evaluation: SSA uses a step-by-step analysis to decide cases. See 20 CFR 404.1520.
- Are you working at substantial gainful activity (SGA) levels?
- Do you have a severe impairment?
- Does your impairment meet or medically equal a Listing?
- What is your residual functional capacity (RFC), and can you perform your past relevant work?
- Can you adjust to other work in the national economy?
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Evidence responsibilities: You must submit evidence that shows you are disabled, and SSA will develop your medical record as needed. See 20 CFR 404.1512 (your responsibilities and SSA’s responsibilities) and 20 CFR 404.1513 (acceptable medical sources and other medical evidence).
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Consultative examinations (CEs): If your medical records are insufficient, SSA may schedule a CE with an independent provider. See 20 CFR 404.1519a (when a CE is needed).
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Right to representation: You have the right to appoint a representative, including an attorney or eligible non-attorney. Representatives must follow SSA rules and any fee must be approved by SSA. See 20 CFR 404.1705 (who may be a representative), 404.1720–404.1728 (fee rules).
Georgia claimants have the same appeal rights as claimants in every other state, including the right to submit new evidence at each level (with certain limitations at Appeals Council), to receive notice of decisions, and to obtain a hearing before an ALJ if reconsideration is denied. These rights stem from the Social Security Act (e.g., Section 205(b) and 205(g), codified at 42 U.S.C. § 405(b), (g)) and the implementing regulations in 20 CFR Part 404 and Part 416 (Title II and Title XVI, respectively, though this guide focuses on SSDI under Title II).
Common Reasons SSA Denies SSDI Claims
Understanding why claims are denied can help you focus your appeal. Denials in Georgia commonly result from one or more of the following, each grounded in SSA regulations:
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Substantial gainful activity (SGA): If SSA finds you are working above SGA, your claim may be denied at Step 1 regardless of medical severity. See 20 CFR 404.1571–404.1574.
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Insufficient medical evidence or gaps in treatment: If your record lacks objective findings, longitudinal treatment, or functional assessments, SSA may conclude your impairments are not severe or do not limit your ability to work. See 20 CFR 404.1512 and 404.1513.
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Impairments not meeting a Listing: Many claimants do not meet or equal a Listing in SSA’s Listing of Impairments; in those cases, SSA evaluates RFC and vocational factors. See 20 CFR 404.1520(d)–(g) and the Listings.
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Residual functional capacity (RFC) findings that allow other work: If SSA finds you can perform other work in the national economy, a denial may be issued at Step 5. See 20 CFR 404.1545 (RFC) and 404.1560–404.1569a (vocational factors and Medical-Vocational considerations).
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Not following prescribed treatment: If SSA determines you failed, without good reason, to follow prescribed treatment that would restore your ability to work, benefits can be denied. See 20 CFR 404.1530.
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Missed consultative exam or failure to cooperate: Missing a scheduled CE, refusing to provide requested information, or not responding to SSA may lead to denial. See 20 CFR 404.1518 and 404.1519j.
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Insured status and date last insured (DLI): If you do not have sufficient work credits during the relevant period, or cannot establish disability on or before your DLI, your SSDI claim can be denied. See 20 CFR 404.130 and 404.131.
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Materiality of drug or alcohol use: If drug addiction or alcoholism is a contributing factor material to the disability determination, benefits may be denied. See 20 CFR 404.1535.
In many Georgia cases, the appeal focuses on strengthening the medical record, clarifying onset dates, obtaining functional capacity opinions, and addressing inconsistencies between self-reported limitations and objective medical evidence.
Federal Legal Protections and Regulations That Apply in Georgia
SSDI appeals in Georgia are governed by federal law. Key protections include:
Right to appeal and strict deadlines:
- *Reconsideration*: You generally have 60 days from receipt of the initial denial to request reconsideration. See 20 CFR 404.909.
- *ALJ hearing*: If reconsideration is denied, you have 60 days to request a hearing before an Administrative Law Judge. See 20 CFR 404.933.
- *Appeals Council review*: You have 60 days to request Appeals Council review after an ALJ decision. See 20 CFR 404.968.
- *Federal court review*: After the Appeals Council acts (or denies review), you can file a civil action within 60 days in the appropriate U.S. District Court in Georgia under Section 205(g) of the Social Security Act (42 U.S.C. § 405(g)) and 20 CFR 422.210.
The notice is presumed received 5 days after the date on the notice, unless you show otherwise. See 20 CFR 404.901 and related timing provisions. Good cause for late filing may be found in limited circumstances. See 20 CFR 404.911.
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Five-step disability framework and medical Listings: SSA’s five-step process (20 CFR 404.1520) and the Listing of Impairments guide decisions. Even if you do not meet a Listing, you can be found disabled based on RFC, age, education, and work experience.
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Right to representation and fee protections: You may appoint a representative under 20 CFR 404.1705. Any fee must be approved by SSA (20 CFR 404.1720–404.1728). SSA may withhold a portion of past-due benefits to pay an approved fee. These safeguards protect claimants from unapproved or unreasonable fees.
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Evidence development and consultative exams: SSA helps develop the record and may order CEs when necessary (20 CFR 404.1512; 404.1519a). You have the right to review and submit evidence.
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Due process in decision-making: You are entitled to written notices explaining the reasons for decisions, and at the hearing level, you can present witnesses, cross-examine (as applicable), and submit post-hearing evidence within set timeframes.
These rules apply to all Georgia claims and create a structured path for correcting errors and supplementing the record on appeal. A careful, timely appeal can transform an initial denial into an award, particularly when the medical evidence and vocational analysis are fully developed.
Steps to Take After an SSDI Denial
After receiving a denial in Georgia, act promptly and methodically to protect your rights:
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Read the denial notice closely: The notice states the reasons for denial, the appeal deadline, and how to appeal online or in writing. It also lists evidence SSA considered. Note the date on the letter and calendar the 60-day deadline, adding the 5-day mailing presumption unless you can prove a different receipt date (20 CFR 404.901).
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File your appeal on time: Use SSA’s online appeals portal or file the appropriate paper forms to request reconsideration (20 CFR 404.909). If reconsideration is denied, request an ALJ hearing within 60 days (20 CFR 404.933). If the deadline is tight, submit the appeal immediately and then follow up with supplemental evidence.
Update and organize your medical evidence:
- Request updated records from all treating sources. Include imaging, lab results, treatment notes, and mental health records as applicable.
- Ask your treating providers for detailed functional capacity statements addressing sitting, standing, lifting, reaching, postural limits, concentration, attendance, and pace.
- Ensure your providers explain how objective findings support your symptoms and limitations.
SSA’s rules place emphasis on consistent, longitudinal evidence and functional impact (20 CFR 404.1512; 404.1513).
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Respond to SSA requests and attend any CE: If SSA schedules a consultative examination, attend it; failure to cooperate can lead to denial (20 CFR 404.1518; 404.1519j). Bring medications, a list of providers, and identification.
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Prepare a written statement: Submit a clear, concise statement describing your symptoms, functional limits, side effects, and typical day. Explain flare-ups, need for breaks, assistive devices, or help with activities of daily living. Tie your statements to medical evidence when possible.
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Track work activity: If you have any work after onset, document dates, duties, hours, and income. Work at or above SGA may affect eligibility (20 CFR 404.1571–404.1574). Unsuccessful work attempts can be relevant.
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Consider representation: An experienced representative can help identify evidentiary gaps, craft a theory of the case under the five-step framework, and prepare you for hearing testimony. Representation is your right under 20 CFR 404.1705, and fees must be approved by SSA (20 CFR 404.1720–404.1728).
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Maintain contact with SSA: Keep your address and phone current. If you move within Georgia, promptly update SSA so notices reach you. Missed notices can lead to missed deadlines.
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Prepare for the hearing (if applicable): At the ALJ hearing, an impartial vocational expert may testify. Be ready to discuss your functional limits, past work, and how your impairments prevent sustained employment. Bring or submit any last-minute medical updates promptly, following the ALJ’s evidence deadlines.
If you are searching “georgia disability attorney” or “SSDI appeals” because of a recent denial, start with the deadline: get the appeal filed, then build the record methodically.
When to Seek Legal Help for SSDI Appeals in Georgia
While representation is not required, many Georgia claimants choose to retain an SSDI-focused representative. Consider getting help when:
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Your medical issues are complex (e.g., multiple impairments, overlapping physical and mental conditions, chronic pain with sparse imaging, or episodic disorders).
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You have a prior denial and need to refine the onset date, develop longitudinal evidence, or obtain a detailed RFC from a treating provider.
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Your case hinges on vocational factors such as transferable skills, erosion of the occupational base, or age categories that may be outcome determinative under the Medical-Vocational framework.
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You face a hearing and want help with testimony preparation, cross-examining vocational evidence, and complying with ALJ evidence deadlines.
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You need help managing deadlines and evidence or communicating with SSA about CEs, work activity, hospitalizations, or new diagnoses.
Fee rules. Representatives’ fees must be approved by SSA and are governed by federal regulation (20 CFR 404.1720–404.1728). Typically, fees are contingency-based and paid from past-due benefits if you win, subject to SSA approval and caps. You should not be charged a fee that SSA has not approved.
Licensing in Georgia. If you hire an attorney to advise you on legal issues related to your SSDI claim in Georgia, ensure the attorney is licensed and in good standing with the State Bar of Georgia. SSA also permits qualified non-attorneys to serve as representatives under 20 CFR 404.1705. For representation before Georgia state courts or for any state-law issue, a Georgia-licensed attorney is required. For SSA administrative proceedings, an attorney licensed in any U.S. jurisdiction may represent you before SSA if eligible under SSA’s representative rules.
Local Resources and Next Steps for Georgia Claimants
Although SSDI is a federal program, Georgia residents interact with local SSA field offices and hearing offices within the Atlanta-based SSA region that serves Georgia. Use these resources to connect with SSA and manage your appeal:
Office Locator: Find your nearest SSA field office in Georgia, confirm hours, and obtain directions using SSA’s official locator. You can also start an appeal online. Find Your Local SSA Office Appeals portal and forms: File reconsiderations, hearing requests, and Appeals Council requests online, or learn how to file by mail or in person. SSA: Appeal a Decision Understand the medical Listings: Review SSA’s Listing of Impairments to see criteria that, if met, can establish disability at Step 3. SSA Listing of Impairments (Blue Book) Know the core regulations: The eCFR provides the controlling rules for Title II disability adjudication (Part 404). eCFR: 20 CFR Part 404 Judicial review: If you exhaust administrative remedies, you may file in the appropriate U.S. District Court in Georgia under Section 205(g) of the Act. 42 U.S.C. § 405 (Social Security Act § 205)
Telephone assistance. You can contact SSA at 1-800-772-1213 (TTY 1-800-325-0778) for help with appeals, appointments, and benefit questions. Have your Social Security number and denial notice handy.
Georgia context. Georgia SSDI claimants proceed through the same federal appeal levels as other states, but hearings for Georgia residents are scheduled by SSA’s Office of Hearings Operations serving the state. Hearings can be held in person, by video, or by telephone, depending on SSA scheduling and claimant preference/availability consistent with SSA policy.
Practical next steps checklist for Georgia residents:
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Mark your 60-day appeal deadline immediately. Add 5 days for mail receipt unless you can show the actual date received (20 CFR 404.901; 404.909; 404.933; 404.968).
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File your appeal online through SSA or at your local Georgia field office listed via the Office Locator.
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Request complete medical records from all treating providers in Georgia (and elsewhere) for the relevant period, including imaging and specialist notes.
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Ask treating providers for detailed functional capacity opinions that address work-related activities and reliability (absences, off-task time, endurance).
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Prepare for a possible CE and attend all scheduled exams.
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Keep a symptom and activity diary that documents daily limitations, flare-ups, and the need for unscheduled breaks or help with activities of daily living.
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Consider consulting an SSDI-focused representative to help apply the five-step framework and ensure your evidence meets 20 CFR requirements.
Deeper Dive: How the Appeals Levels Work in Georgia
Reconsideration (20 CFR 404.909)
After an initial SSDI denial, you can request reconsideration within 60 days. A different adjudicator reviews your file. This is your opportunity to add missing medical evidence, update records, and correct misunderstandings. If you were denied for insufficient evidence or because SSA questioned the severity of your condition, use this stage to submit objective testing, specialist opinions, or longitudinal treatment notes that support functional limitations.
Tip for Georgia claimants: Submit evidence as early as possible so the reconsideration examiner has it before deciding your case. If you receive a request from the Georgia DDS for additional information or a CE, respond promptly to avoid delay or a denial for failure to cooperate (20 CFR 404.1518).
ALJ Hearing (20 CFR 404.929–404.961; request under 20 CFR 404.933)
If reconsideration is denied, you may request a hearing before an Administrative Law Judge within 60 days. The hearing allows you to present testimony and evidence in a more complete and interactive setting. The ALJ may hear from a vocational expert and, sometimes, a medical expert.
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Pre-hearing evidence deadlines: Follow any scheduling order and submit evidence by the deadlines the ALJ sets. Late evidence may not be admitted absent good cause.
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Testimony preparation: Practice concise descriptions of your symptoms, typical day, need for breaks, and how pain or mental health symptoms affect endurance, pace, and attendance. Be honest and specific.
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Vocational issues: Be prepared for questions about past work and transferable skills. Representative cross-examination often focuses on the reliability of vocational job numbers and whether the hypothetical RFC truly reflects your documented limitations.
Hearings for Georgia residents are scheduled by the SSA hearing offices that serve the state. SSA may schedule in-person, video, or telephone hearings depending on availability and policy. Attend all scheduled hearings or promptly notify SSA if you cannot attend for good cause.
Appeals Council Review (20 CFR 404.967–404.984; request under 20 CFR 404.968)
If the ALJ denies your claim, you have 60 days to request review by the Appeals Council. The Appeals Council can deny review, grant review, remand your case to the ALJ, or issue a decision. Appeals Council review focuses on legal and factual errors, abuse of discretion, and significant issues where the ALJ’s decision is not supported by substantial evidence.
Strategy: Identify specific errors in how the ALJ weighed medical opinions, applied the five-step analysis, handled symptom evaluation, or addressed vocational testimony. Cite the relevant regulations and point to evidence the ALJ overlooked or mischaracterized.
Federal Court (42 U.S.C. § 405(g); 20 CFR 422.210)
After the Appeals Council acts or denies review, you may file a civil action in the appropriate U.S. District Court in Georgia within 60 days. The court reviews the administrative record to determine whether SSA’s final decision is supported by substantial evidence and whether the correct legal standards were applied. New evidence is generally not considered at this stage (unless a remand under the sentence six standard is warranted and criteria are met). Federal court litigation is complex; many claimants seek attorney representation for this stage.
Evidence That Persuades: What Helps Georgia Claimants Win
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Longitudinal records: Consistent treatment notes over time that document your symptoms, objective findings, and response to treatment.
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Objective testing: Imaging, lab tests, pulmonary function, cardiac testing, or neuropsychological evaluations that correlate with reported limitations.
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Function-focused opinions: Detailed statements from treating providers describing concrete functional limits (e.g., need to lie down, off-task percentage, absences per month, lifting and postural limits) grounded in clinical findings.
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Mental health documentation: Therapy notes, psychiatric evaluations, and standardized assessments that address concentration, persistence, pace, adaptation, and social functioning.
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Consistency and credibility: Your statements should align with treatment history, daily activities, and objective findings. Explain any gaps in treatment or noncompliance and provide reasons (e.g., side effects, access issues).
SSA’s rules do not require you to prove absolute inability to perform any activity; instead, they focus on whether you can sustain full-time work at a competitive pace and attendance level consistent with substantial gainful activity. A clear evidentiary record showing why you cannot meet those sustained demands is often decisive.
Key Timelines and How to Calculate Them in Georgia
Appeal windows are strict but manageable if you track them:
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60-day deadline to request reconsideration (20 CFR 404.909) from the date you receive the notice. Receipt is presumed 5 days after the notice date (20 CFR 404.901).
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60-day deadline to request an ALJ hearing after a reconsideration denial (20 CFR 404.933).
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60-day deadline to request Appeals Council review after an ALJ decision (20 CFR 404.968).
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60-day deadline to file a civil action in federal district court after the Appeals Council’s action (42 U.S.C. § 405(g); 20 CFR 422.210).
If you miss a deadline, you can request an extension for good cause (20 CFR 404.911). Provide a detailed statement and any supporting documentation (e.g., hospitalization records, notice delivery issues). Do not rely on discretionary extensions—file on time whenever possible.
Georgia-Specific Considerations for SSDI Appeals
While the legal standards are federal, here are considerations for Georgia claimants seeking to navigate the process efficiently:
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Local SSA access: Use the Office Locator to identify your nearest Georgia field office, check hours, and learn how to submit documents. In-person services and appointments may vary by location and SSA policy; call ahead using SSA’s national number.
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Hearing scheduling in the Georgia service area: Hearings are handled by SSA hearing offices that serve Georgia residents. You may be scheduled for in-person, video, or telephone hearings depending on availability and SSA rules. Provide updated contact information to receive scheduling notices.
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Medical network: Georgia claimants often treat with a mix of primary care, specialists, and hospital systems. Ensure all relevant providers’ records are requested and submitted to SSA, especially for specialty care, imaging, and mental health services.
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Work history common to Georgia industries: Many Georgia residents work in physically demanding jobs, logistics, manufacturing, agriculture, hospitality, and service roles. When describing past work, be precise about lifting levels, postural demands, use of tools or machinery, and environmental exposures—these details matter at Steps 4 and 5.
Frequently Asked Questions for Georgia SSDI Claimants
What if I can still do part-time work?
Limited work activity below substantial gainful activity (SGA) does not automatically disqualify you. Document earnings, hours, and accommodations. SSA will examine whether your work is substantial and sustained (20 CFR 404.1571–404.1574). In your appeal, explain any special conditions or reduced productivity.
Do I need a Georgia-licensed attorney?
For SSA administrative proceedings, an attorney licensed in any U.S. jurisdiction or an eligible non-attorney representative can represent you under 20 CFR 404.1705. However, for Georgia state-law issues or court proceedings in Georgia state courts, a Georgia-licensed attorney is required. Many claimants prefer a representative familiar with Georgia providers and hearing practices.
How long do I have to appeal each decision?
Generally 60 days from when you receive the notice, with a 5-day presumption of mailing, unless you can show you received it later (20 CFR 404.901; 404.909; 404.933; 404.968; and 20 CFR 422.210 for court). Good cause extensions are possible under 20 CFR 404.911.
What evidence carries the most weight?
SSA weighs all evidence under 20 CFR 404.1520c, focusing on supportability and consistency. Detailed, well-supported opinions from your treating providers that tie objective findings to functional limits are particularly persuasive.
Checklist: Strengthening Your Georgia SSDI Appeal
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Calendar every 60-day deadline immediately upon receipt of SSA notices.
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File appeals online or at your local SSA office; keep proof of submission.
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Request complete, updated medical records; continue treatment as recommended when feasible.
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Ask providers for functional capacity assessments that address sitting/standing tolerance, lifting, postural activities, cognitive limits, and reliability.
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Prepare a concise written statement about your symptoms, daily activities, and how impairments prevent sustained work.
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Attend any consultative exams and cooperate fully with SSA’s requests.
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Consider representation under 20 CFR 404.1705; discuss fee approval and safeguards under 20 CFR 404.1720–404.1728.
Authoritative Resources
SSA Office Locator (Find Local Georgia Offices) SSA: Appeal a Decision (Reconsideration, Hearing, Appeals Council) SSA Listing of Impairments (Blue Book) eCFR: 20 CFR Part 404 (Disability Insurance Benefits) 42 U.S.C. § 405 (Social Security Act § 205)
Legal Disclaimer
This guide provides general information for Georgia, Georgia SSDI claimants and is not legal advice. Laws and procedures can change. Consult a licensed Georgia attorney for advice about your specific situation.
If your SSDI claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and claim review.
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