Can You Submit New Evidence During Your Appeal? Here’s What to Know

If you’ve been denied Social Security Disability benefits, submitting an appeal can be a crucial next step; however, many applicants don’t realize that during the appeals process, you have the opportunity to add new or updated evidence to strengthen your case. This blog will walk you through when and how to submit this new information, so you can ensure the Social Security Administration (SSA) fully understands the impact of your disability.

Why New Evidence Matters in the Appeals Process

The SSA’s review process considers both past records and any new developments related to your condition. By submitting updated or additional medical records and other relevant information, you can provide a fuller picture of your limitations, especially if your symptoms have changed or worsened since your initial application.

When Can You Submit New Evidence?

The appeals process typically has several stages, and the ability to submit new evidence varies slightly at each step. Here’s a breakdown of when it’s allowed:

1. Request for ReconsiderationAt this first level of appeal, you’re essentially asking the SSA to re-evaluate your claim. It’s essential to submit any new evidence you have at this stage, as it will provide the SSA with an updated perspective on your condition before the appeal advances.
2. Administrative Law Judge (ALJ) HearingThis is your opportunity to present your case in front of a judge, and here you can submit additional evidence that was not previously considered. This stage is important because the judge may ask questions to gain a deeper understanding of your condition, so having a well-rounded set of documentation will be beneficial.
3. Appeals Council ReviewIf your case reaches the Appeals Council, they will generally review your case based on what was presented at the ALJ hearing, though they might also consider some new evidence if it’s especially relevant.
4. Federal CourtAt this final stage, new evidence is rarely accepted. This step is focused on the SSA’s previous decisions and whether they adhered to guidelines, not on re-evaluating your medical condition.

Types of New Evidence You Can Submit

It’s helpful to understand the types of evidence that may strengthen your case, including:

1. Updated Medical Records: Include the latest treatment notes, test results, and diagnostic information. Any recent doctor’s visits or treatments that reflect changes in your health can add depth to your case.
2. Doctor’s Statements and Letters: A supportive letter from your doctor describing how your disability limits your ability to work can be invaluable. These statements can often provide context beyond what’s found in formal medical records.
3. Functionality Assessments: Some specialists provide detailed assessments of your ability to perform daily tasks, which can help illustrate how your condition impacts your daily life and work capacity.
4. Personal Statements and Testimonies: Personal statements from you or family members who see the effects of your disability on a daily basis can provide additional support. While these are generally considered supplemental, they can still help clarify the impact of your condition.

How to Submit New Evidence

Once you have the new evidence, follow these steps to submit it correctly:

1. Gather Everything in OrderOrganize your documents by date and relevance to ensure the SSA can quickly see how your condition has progressed.
2. Submit Directly to the SSA or Your AttorneyIf you’re working with an attorney, they’ll handle submitting the documents, ensuring everything is properly formatted. If not, you’ll need to submit them directly to your local SSA office or upload them via the SSA’s online system.
3. Bring Copies to the HearingFor ALJ hearings, bring additional copies of all new evidence, so you can provide them directly if needed.
4. Submit Before DeadlinesEach stage of the appeals process has specific deadlines. Missing these could mean your evidence won’t be considered, so submit everything as early as possible.

Final Tips for Submitting New Evidence

1. Stay in Contact with Medical ProvidersMake sure your healthcare providers understand your need for thorough documentation. They can often help by highlighting important changes in their notes or even drafting supporting letters on your behalf.
2. Keep Copies of EverythingKeep your own copies of all submissions, so you have a clear record of what was submitted and when.
3. Consult with Legal Help if NeededDisability attorneys are experienced in gathering and presenting evidence in the most effective way. If your claim has been denied and you’re entering the appeals process, having legal guidance can help ensure you’re putting forth the strongest case possible.

New evidence can be vital to the success of your disability appeal. Make sure to submit updates at each stage where it’s allowed, from new medical documentation to personal statements that reflect the full scope of your disability. With organized, relevant evidence, you’re helping the SSA better understand the limitations caused by your condition, while giving yourself the best chance for a successful outcome.

The Roose & Ressler Team is located in Lorain, Toledo, and Wooster, Ohio. You can count on us as your local disability advocates to analyze your case thoroughly in order to determine what is necessary for you to receive benefits. We assess the best methods to prove the crucial facts of your case and gather the necessary evidence. Having 40+ years of experience serving Northern Ohioans, we know the ins and outs of the local disability process.