SSDI Denial Appeal Guide for Nebraska Claimants

Introduction: Why This SSDI Denial Guide Matters to Nebraskans

Nebraska’s wide-open spaces, agricultural economy, and tight-knit communities mean that when a worker becomes disabled, the loss of income can ripple through entire families and towns. According to the Social Security Administration’s (SSA) OASDI Beneficiaries by State, 2022 data, more than 45,000 disabled workers in Nebraska rely on Social Security Disability Insurance (SSDI) to meet basic living expenses. Unfortunately, the SSA initially denies well over half of first-time SSDI applications nationwide, and Nebraska applicants are no exception. If your claim has been denied, you still have multiple opportunities to protect your right to benefits—but every stage carries strict federal deadlines. This comprehensive, evidence-based guide walks you through the appeals process, cites the controlling federal regulations, and points you to local resources in Omaha, Lincoln, Grand Island, and beyond.

Understanding Your SSDI Rights in Nebraska

What SSDI Is—and Is Not

SSDI is a federal insurance program funded by payroll taxes under Title II of the Social Security Act. If you have worked long enough and paid Social Security taxes, you earn quarters of coverage that insure you against a loss of earnings due to a qualifying disability. SSDI differs from Supplemental Security Income (SSI), which is a need-based program. Because SSDI is insurance, you have legal rights similar to those you would have with any private insurance policy, including the right to appeal an adverse decision.

Key Federal Protections

• Due Process: The SSA must give you written notice of any denial and explain why, per 20 CFR §404.902.

• Right to Representation: You may appoint an attorney or qualified representative at any stage (20 CFR §404.1705).

• Right to Timely Appeal: You generally have 60 days from receipt of any notice to appeal (20 CFR §404.909 and §404.933).

• Access to Your File: You can review and copy your electronic claims file before any hearing (20 CFR §404.916).

If you currently live in Omaha, Lincoln, Kearney, or a rural Panhandle county, these protections apply equally. The SSA cannot set stricter standards for Nebraskans than for claimants in any other state.

Common Reasons the SSA Denies SSDI Claims

The SSA’s written notice lists the specific rationale for your denial. Some of the most frequent grounds include:

• Medical Insufficiency: The medical evidence does not establish a “severe” impairment expected to last at least 12 months or result in death (20 CFR §404.1505).

• Residual Functional Capacity (RFC) Finding: The SSA concludes you can still perform past relevant work or adjust to other work in the national economy.

• Lack of Recent Work Credits: Workers must generally have earned 20 quarters of coverage in the 40-quarter period preceding disability onset.

• Non-Compliance With Treatment: Failure to follow prescribed therapy without good reason (20 CFR §404.1530).

• Earnings Over Substantial Gainful Activity (SGA) Level: In 2024, SGA is $1,550 per month for non-blind claimants.

In Nebraska, agricultural and meat-processing workers often face unique ergonomic injuries, while residents in Omaha’s service sector may deal with repetitive-stress or mental-health disabilities. Nevertheless, the SSA applies the same medical-vocational guidelines ("grids") nationwide.

Federal Legal Framework Governing SSDI Appeals

Statutory Authority

SSDI appeals derive from Section 205(b) of the Social Security Act (42 U.S.C. §405(b)), which guarantees a hearing “on the record” with an opportunity for testimony and cross-examination.

Key Regulations Every Nebraska Claimant Should Know

• 20 CFR §404.909 – Deadlines and procedures for filing a Request for Reconsideration.

• 20 CFR §404.933 – Rules for requesting an Administrative Law Judge (ALJ) hearing.

• 20 CFR §404.955 – Res judicata; limits repeat applications on identical facts.

• 20 CFR §404.979 – Appeals Council review standards.

• 42 U.S.C. §405(g) – Judicial review in U.S. District Court; 60-day filing period after Appeals Council action.

Attorney Fee Caps

Under 20 CFR §404.1728, fees approved under the SSA’s streamlined “fee agreement” process are generally limited to 25 percent of past-due benefits, up to $7,200 (current cap).

Step-by-Step: What to Do After an SSDI Denial in Nebraska

1. Request Reconsideration (First Appeal)

You must file Form SSA-561 within 60 days of receiving your denial letter. Nebraska claimants can submit online via SSA’s iAppeals portal or deliver paperwork to any field office, such as:

• Omaha Field Office: 604 N 109th Ct, Omaha, NE 68154

• Lincoln Field Office: 100 Centennial Mall N, Rm 240, Lincoln, NE 68508

Roughly 13–15% of Nebraska reconsiderations are granted, so prepare additional medical evidence and doctor opinions.

2. Request an Administrative Law Judge (ALJ) Hearing

If you lose reconsideration, file Form HA-501 within 60 days. Nebraska hearings are typically held at:

• Omaha OHO (Office of Hearings Operations): 11819 Miracle Hills Dr, Suite 400, Omaha, NE 68154

You may appear via video teleconferencing (VTC) from Lincoln, North Platte, or Scottsbluff field offices if travel is difficult.

3. Appeals Council Review

Unfavorable ALJ decision? File Form HA-520. The Appeals Council in Falls Church, Virginia, reviews errors of law, procedural defects, or new and material evidence.

4. File a Federal Court Lawsuit

If the Appeals Council denies review or issues an unfavorable decision, you have 60 days to file a civil action in the U.S. District Court for the District of Nebraska, headquartered in Omaha (with a divisional office in Lincoln). No filing fee waivers are automatic; you must request in forma pauperis status if you cannot afford the $402 fee.

When to Seek Legal Help for Your SSDI Appeal

Navigating five levels of review while managing a disability can be overwhelming. Consider retaining a licensed Nebraska disability attorney when:

• You have complex medical conditions (e.g., combined physical and mental impairments).

• The SSA questions your work history or quarters of coverage.

• You need to cross-examine a vocational or medical expert at hearing.

• You missed a deadline and must prove good cause for late filing (20 CFR §404.911).

Because attorney fees are contingency-based and capped by federal law, obtaining representation typically requires no upfront payment.

Local Resources & Next Steps for Nebraskans

Free and Low-Cost Assistance

Nebraska VR (Vocational Rehabilitation): Helps disabled workers return to suitable employment. Visit Nebraska VR.

• Legal Aid of Nebraska: May provide free representation in limited SSDI matters.

• University of Nebraska Medical Center (UNMC): Often supplies expert medical evidence vital for disability claims.

Stay Organized

Keep a claim calendar noting each deadline, store all SSA correspondence, and maintain updated contact info. Doing so helps your attorney—or you, if self-represented—meet every procedural requirement under 20 CFR Part 404 Subpart J.

Authoritative References

SSA Official Appeals Process Electronic Code of Federal Regulations – 20 CFR Part 404 SSA OASDI Beneficiaries by State, 2022 SSA Field Office Locator

Legal Disclaimer

This guide provides general information for Nebraska residents and is not legal advice. Laws and regulations change. Consult a licensed Nebraska attorney regarding 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.