Social Security Disability Process in North Dakota

Once you have gathered the necessary information, it’s time to complete the application. This is a three-part process.

• You can complete the initial application through the filing methods made available by the SSA, including online, by telephone, or through a Social Security office.
• The SSA reviews the application and sends the medical portion of the claim for a disability determination.
• The SSA issues a written decision explaining whether the claim was approved or denied and how to appeal an unfavorable decision.

The SSA publishes historical initial-award information in its annual statistical report on the disability insurance program. Those figures don’t determine the outcome of an individual claim. If the SSA denies your application, the notice will explain the reason and the deadline for requesting the next level of review.

Request a Reconsideration of Denial

The next step is to request reconsideration. A different examiner will review your claim from start to finish. You can submit updated treatment records and other evidence showing the limitations that prevent you from working.

Request an Administrative Law Judge Hearing

If you receive another unfavorable decision at reconsideration, you have 60 days after receiving the notice to request a hearing before an Administrative Law Judge (ALJ). The SSA generally presumes that you received the notice five days after its date unless you show otherwise. An Administrative Law Judge who wasn’t involved in the initial application or reconsideration will review the claim.

You or your representative must submit evidence or notify the SSA about it at least five business days before the hearing unless an applicable exception allows a later submission. We represent clients at these hearings, prepare them for questions, and cross-examine medical or vocational experts.

Request a Review by SSA’s Appeals Council

After an unfavorable ALJ decision, you can request review by the SSA’s Appeals Council. The Appeals Council can deny the request, issue its own decision, or return the case to an Administrative Law Judge for further action.

Request a Review by Federal Courts

After an unfavorable Appeals Council decision, you generally have 60 days after receiving notice to file a civil action in the appropriate federal court. In North Dakota, the U.S. District Court for the District of North Dakota reviews whether the ALJ’s decision was supported by substantial evidence and whether the correct legal standards were applied.

You have the right to seek representation before reaching federal court. A 2017 U.S. Government Accountability Office Report to the Chairman, Subcommittee on Social Security, Committee on Ways and Means, House of Representatives examined representation in disability proceedings. We represent claimants from initial applications through federal court review.

SSA’s Five-Step Sequential Evaluation

The SSA uses a five-step sequential evaluation to decide whether an adult claimant is disabled. The agency stops when a step provides enough information to find that the claimant is or isn’t disabled.

• Current Work Activity. The agency determines whether the claimant’s work exceeds its earnings threshold.
• Severity of Impairments. The agency evaluates whether a medically determinable impairment significantly limits basic work activities.
• Listed Impairments. The SSA determines whether the impairment meets or medically equals the requirements of a listed impairment.
• Past Relevant Work. The SSA evaluates residual functional capacity, meaning what the claimant can still do despite physical and mental limitations, and decides whether the claimant can perform past relevant work.
• Other Work. The agency weighs residual functional capacity, age, education, and employment experience to decide whether the claimant can adjust to other work.

A claimant who can adjust to other work isn’t disabled under this evaluation. Medical records must therefore document more than a diagnosis. They must show how symptoms and limitations affect the ability to perform work activities.

Substantial Gainful Activity Limits for 2026

Substantial gainful activity is work that involves significant duties and produces earnings at a level set by the SSA. In 2026, the monthly amount is $1,690 for non-blind claimants and $2,830 for claimants considered blind under SSA rules.

If a claimant’s work reaches that level, the SSA finds the claimant not disabled regardless of medical condition, age, education, or work experience. Different evaluation rules apply to self-employment because the agency evaluates the value of the work activity as well as income.

Common Challenges to SSDI Benefits in North Dakota

SSDI applications can encounter problems for several common reasons.

• Income. Work activity at or above the applicable earnings threshold can result in a finding that you aren’t disabled. The SSA applies separate rules when evaluating self-employment.
• Failure to Cooperate With the SSA. You must respond to SSA requests while the agency reviews your application. Missing forms, examinations, or requests for information can prevent the SSA from obtaining what it needs to decide your claim.
• Gaps in Medical Treatment. Your treatment history should document your conditions, symptoms, functional limitations, and care. If treatment gaps have an explanation, that information should be included in the claim record.
• Incomplete Medical Evidence. A diagnosis alone doesn’t establish disability. The evidence must show how your impairments limit your ability to perform sustained work activities.
• Failure to Prove Inability to Work. The SSA evaluates your medical limitations, employment background, and ability to perform past or other work. We help clients collect supporting records and review their past jobs so the claim addresses these issues.
• Missed Appeal Deadlines. Missing a deadline can require you to start the process again unless the SSA accepts a late filing for good cause.

Pros & Cons of a Disability Lawyer in North Dakota

Having a disability attorney represent your SSDI benefits case can reduce the paperwork and communication you must handle alone. Here’s what you should consider before making your decision.

Advantages of a Disability Lawyer

You don’t have to communicate with the SSA, but your attorney will. This includes updating the agency about your medical treatment and following up to make sure it obtains all evidence and documentation needed to review and approve your application.

• An SSA-approved fee agreement determines the representative’s fee after a favorable decision.
• Attorney fees under this arrangement don’t come from future monthly benefits.
• Your attorney can review your paperwork, health documentation, and employment information for gaps or inconsistencies.
• Your attorney can manage communication with the SSA throughout the claim.
• If your case moves to the hearing stage, your attorney can prepare you for the hearing and represent you before the ALJ.
• At the disability hearing, our attorney at Ficek Law will cross-examine experts and present the evidence supporting your claim.

Disadvantages of a Disability Lawyer

The primary consideration is the representative’s fee if the claim results in past-due benefits. During your consultation, we explain how the fee agreement applies to your claim so you can make an informed decision before hiring us.

Contact a Social Security Lawyer in Fargo Today

Applying for SSDI benefits may seem straightforward, but the application requires detailed medical, employment, and personal information. If your claim is denied, each appeal level has its own deadline and review requirements.

At Ficek Law, our disability attorney in North Dakota can help you prepare an application or respond to a denial. Contact us by filling out the online form or calling (701) 436-2461 to schedule a free consultation.