Working on SSDI After a Denial: Tennessee, Tennessee Guide

Working on SSDI After a Denial: A Tennessee, Tennessee Claimant’s Guide

If you live in Tennessee and your Social Security Disability Insurance (SSDI) claim was denied, you are not alone. Many first-time applicants receive an initial denial, even when they ultimately qualify. The key is understanding your appeal rights, strict federal deadlines, how working affects your case, and where to get help locally in Tennessee. This guide takes a claimant-friendly, evidence-based approach to help you navigate an SSDI denial appeal in Tennessee. It explains the federal rules that govern the process, what the Social Security Administration (SSA) looks for, and how to protect your benefits if you attempt to work while your case is pending.

Whether you’re in Nashville, Memphis, Knoxville, Chattanooga, or anywhere else in the Volunteer State, the SSDI system operates under federal law and regulations that apply nationwide. Still, knowing how the process plays out locally matters. The state’s Disability Determination Services (DDS) handles medical determinations at the initial and reconsideration levels, and SSA field offices across Tennessee accept claims and appeals, answer questions, and route paperwork. Hearing offices are also located in the state for in-person hearings, though many hearings are now conducted by video or telephone.

This guide focuses on three critical areas for Tennessee claimants: (1) your appeal rights and deadlines; (2) common reasons claims are denied and how to strengthen the record; and (3) working while applying or appealing—including what counts as substantial gainful activity (SGA), unsuccessful work attempts, and work incentives that can protect your benefits.

How to Use This Guide

• Need the quick steps after a denial? See “Steps to Take After an SSDI Denial.”
• Worried about working during your appeal? See “Working While Your SSDI Appeal is Pending.”
• Want to check local offices? See “Local Resources & Next Steps in Tennessee.”

Nothing here is legal advice. It’s general information to help Tennessee residents understand SSDI denials and appeals. If you need a case evaluation, consider consulting a licensed Tennessee attorney or qualified representative.

Understanding Your SSDI Rights

SSDI is a federal insurance program for workers who paid Social Security taxes and became unable to engage in substantial gainful activity due to a medically determinable impairment expected to last at least 12 months or result in death. The core statutory standards appear in the Social Security Act, including 42 U.S.C. § 423 (definition of disability for SSDI) and 42 U.S.C. § 405(b), (g) (administrative review and judicial review). SSA applies detailed regulations to evaluate medical and vocational evidence.

The Five-Step Sequential Evaluation

SSA decides medical eligibility using a five-step process set out in 20 C.F.R. § 404.1520:

• Are you working at SGA level? If you are performing substantial gainful activity (SGA), you are generally not disabled (exceptions include closed periods or unsuccessful work attempts).
• Do you have a severe impairment? The impairment must significantly limit basic work activities and meet duration requirements.
• Do you meet or equal a Listing? If your impairment meets or equals a listed impairment, you are found disabled.
• Can you perform your past relevant work? SSA assesses your residual functional capacity (RFC) and compares it to demands of past work.
• Can you adjust to other work? Considering your RFC, age, education, and work experience, SSA decides whether there are other jobs you can do in the national economy.

At steps 4 and 5, SSA relies on vocational rules and, if necessary, vocational expert testimony to determine whether jobs exist that you can do. For SSDI, you must also be insured (i.e., have sufficient work credits) as of your disability onset date.

Your Right to Appeal

If your claim is denied, you generally have a right to appeal through four administrative levels under 20 C.F.R. § 404.900(a): (1) reconsideration; (2) hearing before an Administrative Law Judge (ALJ); (3) Appeals Council review; and (4) federal court review. Appeals must ordinarily be filed within 60 days of receiving SSA’s decision; receipt is presumed to be five days after the date on the notice unless you show otherwise. See 20 C.F.R. §§ 404.901, 404.909, 404.933, 404.968. Judicial review is filed in federal district court within 60 days of the final decision. See 42 U.S.C. § 405(g) and 20 C.F.R. § 422.210.

Importantly, you have the right to appoint a representative to help you at any stage. Qualified attorneys and eligible non-attorney representatives may represent you under 20 C.F.R. § 404.1705, and fees must be approved by SSA (42 U.S.C. § 406; 20 C.F.R. § 404.1720).

Common Reasons SSA Denies SSDI Claims

Understanding why claims are denied can help you submit targeted evidence on appeal. Common reasons include the following:

1) Working Above SGA

If you are earning at or above SGA, SSA will usually deny at step 1. The SGA amount is set annually; for calendar year 2024, the SGA level is $1,550/month for non-blind individuals and $2,590/month for statutorily blind individuals. See SSA’s SGA page for current amounts and historical values.

An attempt to work that ends due to your impairments within a short period may be an unsuccessful work attempt (UWA), which can be disregarded for disability purposes if it meets criteria in 20 C.F.R. § 404.1574(c). SSA evaluates the nature of the work, duration, and reasons it ended to decide whether it qualifies as UWA.

2) Insufficient Medical Evidence

SSA requires objective medical evidence from acceptable medical sources to establish a medically determinable impairment and severity. See 20 C.F.R. § 404.1513. If your records are sparse, outdated, or lack longitudinal documentation, SSA may deny for insufficient evidence. DDS can schedule a consultative examination (CE) if needed (20 C.F.R. § 404.1519a). Missing or declining a CE without good cause can harm a claim (20 C.F.R. § 404.1518).

3) Not Meeting Duration or Severity Requirements

Your impairment must be expected to last at least 12 months or result in death (42 U.S.C. § 423(d)(1)(A)). If the medical evidence suggests a short-term limitation, SSA may deny for not meeting duration. If evidence shows only minimal limitations, SSA may deny at step 2 as non-severe.

4) Ability to Perform Past or Other Work

SSA may conclude you can do your past relevant work (step 4) or other work (step 5) based on your RFC assessment, medical records, and vocational information. Gaps or inconsistencies in RFC evidence, an incomplete work history, or underreported symptoms can contribute to denial.

5) Noncompliance or Failure to Follow Prescribed Treatment

Failure to follow prescribed treatment without good cause can lead to denial under 20 C.F.R. § 404.1530. SSA evaluates whether treatment was prescribed, whether it was reasonably expected to restore ability to work, and whether you had good cause not to follow it.

6) Technical Issues: Insured Status and Onset

For SSDI, you must be insured on your alleged onset date. If your last insured date passed before you became disabled, SSA will deny SSDI even if you are currently disabled. Establishing a supported onset date and ensuring medical evidence covers the period before the date last insured is crucial.

Federal Legal Protections & Regulations You Should Know

SSDI is governed by statutes in the Social Security Act and detailed regulations in Title 20 of the Code of Federal Regulations (C.F.R.). Below are key rules that often affect Tennessee appeals:

• Administrative Review Process: 20 C.F.R. § 404.900 outlines the levels of administrative review and emphasizes that you must generally exhaust administrative remedies before going to court.
• Deadlines and Good Cause: The 60-day appeal window appears in several provisions, including 20 C.F.R. § 404.909 (reconsideration), § 404.933 (hearing request), and § 404.968 (Appeals Council). Good cause for late filing is addressed in 20 C.F.R. § 404.911. Notices are presumed received five days after the date on the notice (20 C.F.R. § 404.901).
• Five-Step Evaluation: 20 C.F.R. § 404.1520 governs the sequential evaluation process for adults.
• Evidence Requirements: 20 C.F.R. § 404.1512 and § 404.1513 describe what evidence SSA considers and the need for objective medical evidence from acceptable medical sources.
• Work and SGA: Employee earnings are evaluated under 20 C.F.R. § 404.1574; self-employment under § 404.1575; unsuccessful work attempts at § 404.1574(c).
• Work Incentives: Trial Work Period (TWP) and related protections appear in 20 C.F.R. § 404.1592; the Extended Period of Eligibility (EPE) is addressed at § 404.1592a.
• Representation and Fees: 20 C.F.R. § 404.1705 (who may be your representative); 42 U.S.C. § 406 and 20 C.F.R. § 404.1720 (fees must be approved by SSA).
• Judicial Review: 42 U.S.C. § 405(g) allows you to seek review in U.S. District Court after a final SSA decision; 20 C.F.R. § 422.210 addresses filing the civil action.

These provisions protect your right to a fair review and set the boundaries for deadlines, evidence, work, and appeals. Citing specific regulations and statutes in your appeal arguments can help focus the issues.

Steps to Take After an SSDI Denial

Here’s a practical roadmap for Tennessee claimants after a denial. The steps reference federal deadlines and procedures that apply in Tennessee.

1) Read the Denial Notice Carefully

Your notice explains why SSA denied your claim and how to appeal. Note the date on the notice. You generally have 60 days from receipt to file the next-level appeal, with a five-day mail receipt presumption. See 20 C.F.R. § 404.901; § 404.909; § 404.933; § 404.968.

2) File for Reconsideration (Most Tennessee Cases)

In Tennessee, SSDI appeals typically go to reconsideration first. File online, by mail, or at a local SSA office. Reconsideration involves a fresh review by someone who did not handle the initial decision.

• Deadline: 60 days from receipt of the notice. 20 C.F.R. § 404.909.
• Good Cause: If you miss the deadline, ask for good cause under 20 C.F.R. § 404.911 and explain the circumstances with documentation.

3) Request a Hearing Before an Administrative Law Judge (ALJ)

If reconsideration is denied, request a hearing. You can appear in person, by video, or by telephone. Many hearings for Tennessee residents are scheduled through hearing offices located in the state or nearby, and you may receive vocational expert testimony at the hearing.

• Deadline: 60 days from receipt of the reconsideration denial. 20 C.F.R. § 404.933.
• Preparation: Update your medical records, consider medical source statements, and prepare to explain your work history and functional limitations.

4) Seek Appeals Council Review

If the ALJ denies your claim, you can ask the Appeals Council to review the decision. The Appeals Council may deny review, remand to the ALJ, or issue a decision.

• Deadline: 60 days from receipt of the ALJ decision. 20 C.F.R. § 404.968.
• Focus: Identify errors of law, issues with substantial evidence, or new and material evidence that relates to the period before the ALJ decision and for which good cause exists for late submission. See 20 C.F.R. § 404.970.

5) File in Federal District Court

If the Appeals Council denies review or issues an unfavorable final decision, you may file a civil action in the U.S. District Court where you reside within 60 days. See 42 U.S.C. § 405(g); 20 C.F.R. § 422.210. Tennessee has three federal judicial districts: Eastern, Middle, and Western. Your case is filed in the appropriate district based on your residence.

6) Strengthen the Evidence at Every Stage

• Medical Records: Submit all relevant treatment records, test results, imaging, and specialist notes. SSA must consider all evidence submitted (subject to timeliness and good cause rules). See 20 C.F.R. § 404.1512.
• Medical Opinions: Detailed functional assessments from your treating sources can be persuasive. Provide specific limitations (e.g., lifting, standing, concentration limits) and explain clinical findings that support them.
• Symptom Evidence: Describe the frequency, duration, and intensity of symptoms and how they affect daily activities and work-related functions.
• Work History: Provide accurate job titles, duties, exertional levels, and dates so SSA can properly classify past relevant work.

Working While Your SSDI Appeal is Pending

Many Tennessee claimants need to attempt some work while they wait. The rules are strict, but nuanced. Understanding them can help you avoid losing benefits or undermining your case.

Substantial Gainful Activity (SGA)

SGA is a key threshold. If your countable earnings meet or exceed SGA in a given month, SSA may find you not disabled for that period. For 2024, SGA is $1,550/month for non-blind workers and $2,590/month for statutorily blind individuals. These amounts change periodically, so always check the current figures.

SSA evaluates employee earnings under 20 C.F.R. § 404.1574 and looks at subsidies, special conditions, and impairment-related work expenses (IRWEs) that can reduce countable earnings. For self-employed individuals, SSA uses 20 C.F.R. § 404.1575 and may consider the value of your services, not just net profit.

Unsuccessful Work Attempts (UWA)

A job that you had to stop or reduce below SGA after a short time because of your impairments may qualify as a UWA under 20 C.F.R. § 404.1574(c). If SSA finds your work was a UWA, those earnings may not count against you at step 1 of the disability analysis. Documentation from your employer and medical providers about why the work ended is crucial.

Trial Work Period (TWP) and Extended Period of Eligibility (EPE)

For beneficiaries already entitled to SSDI, SSA provides work incentives that allow you to test your ability to work without immediately losing benefits:

• Trial Work Period (TWP): You can work for up to nine trial work months (not necessarily consecutive) within a rolling 60-month window while still receiving SSDI, regardless of how high your earnings are in those months. See 20 C.F.R. § 404.1592. A month counts as a TWP month if earnings exceed an annually-set threshold.
• Extended Period of Eligibility (EPE): After the TWP, you enter a 36-month re-entitlement period in which you can receive benefits for any month your countable earnings fall below SGA. See 20 C.F.R. § 404.1592a.

Important: If you are still in the application or appeal process and not yet awarded SSDI, the TWP and EPE protections do not apply. The TWP/EPE begin only after entitlement. While your appeal is pending, working at or above SGA can lead to an unfavorable decision unless the work fits into an exception (e.g., UWA).

Reporting Work

Always report work activity and earnings promptly to SSA. Failure to report can lead to overpayments. Keep pay stubs, employer letters, and logs of hours/duties. If you use assistive devices or receive extra help or accommodations, document them; such evidence may show that your earnings do not reflect ordinary competitive employment or that you receive a subsidy.

Continuing Disability Reviews (CDRs) and Working

If you are already on SSDI and SSA initiates a CDR, a medical cessation can be appealed. If you file your appeal within the required time and elect to continue benefits, you may receive benefits while your appeal is pending, subject to recovery if you ultimately lose. See 20 C.F.R. § 404.1597a. Pay attention to the short deadlines in cessation cases.

Expedited Reinstatement (EXR)

If your benefits ended because of work and you later cannot continue working due to your impairments, you may be able to request expedited reinstatement (EXR), allowing you to receive provisional benefits while SSA decides your case. Consult SSA’s materials on work incentives for details and current requirements.

Federal Deadlines: Do Not Miss Them

Missing a deadline can jeopardize your SSDI denial appeal in Tennessee. The main administrative appeal deadlines are:

• Reconsideration: 60 days from receipt of the initial denial (20 C.F.R. § 404.909).
• ALJ Hearing: 60 days from receipt of the reconsideration denial (20 C.F.R. § 404.933).
• Appeals Council: 60 days from receipt of the ALJ decision (20 C.F.R. § 404.968).
• Federal Court: 60 days from receipt of the Appeals Council’s final action (42 U.S.C. § 405(g); 20 C.F.R. § 422.210).

SSA presumes you receive notices five days after the date on the notice unless you can show otherwise (20 C.F.R. § 404.901). If you miss a deadline, you can request an extension by showing good cause under 20 C.F.R. § 404.911. Provide a detailed explanation and any supporting documentation (e.g., hospitalization, mail issues, natural disasters).

When and How to Use Representation

You have the right to representation at any stage. Representatives can help you gather records, develop medical opinions, prepare you for hearing questions, and argue how the regulations support your claim.

• Who May Represent You: Attorneys and eligible non-attorneys can represent you before SSA if they meet the qualifications at 20 C.F.R. § 404.1705. SSA must approve any fee (42 U.S.C. § 406; 20 C.F.R. § 404.1720).
• Licensing in Tennessee: If you choose a Tennessee attorney for your SSDI appeal, they must be licensed and in good standing to practice law. For SSA representation specifically, an attorney may be licensed in any U.S. jurisdiction and still represent you in Tennessee if they meet SSA’s qualification rules under 20 C.F.R. § 404.1705. Consider confirming your representative’s standing and SSA representative status.

Experienced representatives often identify issues such as whether work was a UWA, whether a Listing is met or equaled, and whether vocational testimony aligns with your actual limitations.

How Working Affects Different Stages of Your Appeal

Initial and Reconsideration

At these stages, SSA focuses largely on paper records. Working above SGA can lead to denials. If you attempt part-time work below SGA, that does not automatically defeat your claim, but SSA may consider it evidence of your functional abilities. Document why you needed reduced hours, extra rest, or accommodations.

ALJ Hearing

At hearing, the ALJ can take testimony on the nature of any work you attempted. Evidence of failed jobs, frequent absences, off-task time, or special conditions can support disability. Vocational experts may testify regarding the impact of your limitations on the ability to sustain work.

Appeals Council and Federal Court

At these levels, the question is whether the decision below followed the law and is supported by substantial evidence in the record. New work activity can matter, but these stages are typically less focused on live testimony about work and more on the written record and legal standards.

Local Resources & Next Steps in Tennessee

SSA Field Offices in Tennessee

SSA maintains multiple field offices across Tennessee, including in major metro areas such as Nashville (state capital), Memphis, Knoxville, and Chattanooga, among others. These offices accept applications, assist with appeals, and answer questions. To find the precise address, hours, and contact information for your nearest Tennessee field office, use the SSA Office Locator:

SSA Office Locator (find Tennessee field offices)

You can also reach SSA by phone at 1-800-772-1213 (TTY 1-800-325-0778).

Tennessee DDS

Disability Determination Services (DDS) in Tennessee, part of the state’s disability determination system that works with SSA, makes medical decisions at the initial and reconsideration levels. DDS may ask you to attend a consultative exam. Be sure to attend or reschedule with good cause, and provide updated treatment information.

Hearing Offices

SSA’s Office of Hearings Operations (OHO) schedules hearings for Tennessee residents, with hearing offices located in the state. Many claimants may opt for video or telephone hearings. Your hearing notice will identify the office and provide instructions.

Federal District Courts in Tennessee

If you need to file for judicial review, Tennessee has three federal judicial districts: Eastern, Middle, and Western. You must file in the district where you reside, within the 60-day timeframe set by 42 U.S.C. § 405(g). Consult local court rules or a qualified attorney regarding filing procedures.

Checklist: Strengthening a Tennessee SSDI Denial Appeal

• Mark your deadlines: Add 65 days from the notice date (60 days + the 5-day mailing presumption) to your calendar, unless your notice specifies another delivery method.
• Update medical records: Request records from all Tennessee providers and any out-of-state specialists. Include imaging, labs, therapy notes, and hospital records.
• Obtain medical source statements: Ask treating providers for functional capacity opinions that specify work-related limits, timed breaks, off-task percentages, and expected absences.
• Document work attempts: Keep pay stubs, employer letters, accommodation notes, and explanations for ending jobs due to your impairments. Consider whether any job was a UWA under 20 C.F.R. § 404.1574(c).
• Consider representation: A representative can develop the record, prepare you for hearing, and brief regulatory issues.
• File appeals online when possible: Online filing provides immediate confirmation and helps avoid mail delays.

Frequently Asked Questions for Tennessee Claimants

Does working automatically ruin my SSDI denial appeal?

No. Work below SGA may not defeat your claim, and a short, failed job may qualify as a UWA under 20 C.F.R. § 404.1574(c). But work at or above SGA can lead to denial unless an exception applies. Always report work and keep documentation.

Should I file a new application or appeal?

In most cases, appealing within the deadline preserves your protective filing date and potential past-due benefits. Starting over can forfeit retroactive benefits and require re-proving the entire claim period. When in doubt, appeal on time and consult a representative.

How long do SSDI appeals take in Tennessee?

Timeframes vary based on workload, evidence development, and hearing scheduling. While you can’t control all delays, filing promptly, submitting complete evidence, and responding quickly to SSA requests can help.

Can I get an in-person hearing in Tennessee?

Yes, SSA offers in-person hearings at hearing offices serving Tennessee residents, as well as video and telephone options. Your notice will explain the format and logistics.

What if I can’t afford medical care?

Tell SSA and your representative. If you lack records, SSA may schedule a CE. Free or low-cost clinics and hospital charity programs in Tennessee may also provide necessary care and documentation. Bring any new records to SSA quickly.

Key Phrases for Search and Awareness

• Primary: SSDI denial appeal tennessee tennessee
• Secondary: social security disability; tennessee disability attorney; SSDI appeals

Authoritative Resources

• SSA: How to Appeal a Decision
• 20 C.F.R. § 404.900 Administrative Review Process
• SSA: Substantial Gainful Activity (SGA) Amounts
• SSA Office Locator (Find Your Local Office)
• SSA Red Book: Work Incentives

Legal Disclaimer

This guide provides general information for Tennessee residents. It is not legal advice and does not create an attorney-client relationship. Laws and regulations change, and outcomes depend on specific facts. For advice about your situation, consult a licensed Tennessee attorney or qualified representative.

Next Step

If your SSDI claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and claim review.