What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
Social Security Disability Hearing - How Do I Request One?
How to prove you are disabled
and win disability benefits
You cannot just request a Social Security disability hearing. There is a disability process that must followed to even be eligible for a disability hearing before an administrative law judge.
Where does the process begin? If you have a disabling condition and you are not working, or you are working under the substantial gainful activity limit (a monthly earnings amount that Social Security considers self supporting) due to a mental or physical condition or conditions, you can begin the Social Security disability process by filing an initial disability claim.
If your initial disability claim is denied, you can choose to appeal the decision. In order to appeal your initial disability denial, you must file a request for reconsideration appeal. The reconsideration is the first appeal in the SSA disability appeal process. Only if your reconsideration appeal is denied are you eligible to request a Social Security disability hearing.
You can request a disability hearing by contacting your local Social Security office and completing the necessary paper work ,or by using the Social Security online appeal process. Recently, Social Security created an online appeal process that enables you to request your reconsideration appeal or disability hearing and provide all of your undated medical information online.
Once you complete your appeal and medical information online, you need to print your medical release form (form SSA-827 -- Social Security needs this form to request and receive medical records from your doctors), sign the form, and send or take it to your local office.
Remember, all Social Security disability denials have a sixty-five period that begins with the date of the denial notice in which to appeal the decision. Your local Social Security office must receive the appeal by the sixty-fifth day for it to be considered a timely filed appeal. It is especially important to file your disability-hearing request timely. The administrative law judges who preside over Social Security disability hearings are not very flexible about late appeals. In fact, they routinely dismiss late hearings requests that do meet the requirements for good cause. Good cause for late filing can only be granted in situations that involve highly justifiable extraneous situations (such as hospitalization for illness).
Since it takes so long to get to the disability hearing appeal and it takes even more time to be scheduled for a hearing, make sure to request your disability hearing as soon as your receive a denial for your reconsideration to avoid the chance of having your request dismissed for late filing. If your hearing request is denied, you will have to begin the disability process again by filing a new initial disability claim.
Return to: SSDRC, or the Questions, Answers, Tips, and Advice page
Individual Questions and Answers
SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Disability Lawyers and unnecessary claim denials