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 Notice of Denial for a Disability Application or Appeal
How to prove you are disabled
and win disability benefits
When a claim for Social Security Disability or SSI is denied, Social Security sends a notice of denial to the mailing address provided by the claimant on the application. Sometimes, through a mailing error or because a claimant has relocated without letting the local Social Security office know, the claimant does not receive the denial for several weeks, if ever.
Those who are represented by an attorney do not normally have to deal with this issue, since disability representatives periodically check in on the status of your claim. If you do not have a representative to do this for you, make a habit of contacting your local social security office on a regular basis to ask if there has been a decision on your claim. If you have been denied, ask when you can expect to receive the notice of denial.
The notice of denial is important because it states the date upon which your claim was denied, typically listed in the top right corner. Most denial notices are not particularly important as far as the information in them is concerned. Once a disability examiner has decided to deny a claim, he sends the claimant a notice of denial that is, for the most part, composed of boiler plate langugage that fits his particular case (if you were to compare the denial notices of ten different claimants, the notices would hardly be distinguishable from one another. These denials are also not overly specific, and do not supply much useful information to the applicant wishing for a detailed explanation about why the claim was rejected.
A copy of the denial notice is not needed to file an appeal; however, it is very important that you file your appeal as soon as you are aware that you have been turned down. Social Security requires that all appeals be in the local Social Security office within 60 days, plus 5 days grace period for mailing. The clock for the 60-day deadline begins ticking from the date stamped on the notice, not the date you actually received the notice of denial, or the date on which you discovered you were denied.
Failure to meet the deadline for an appeal could mean that you have to start over with a new claim, which will only add months to the decision-making process, ultimately delaying receiving an approval in your case.
In some cases in which the claimant or his attorney have not received a notice of denial in a timely manner, the disability examiner could decide to make an exception and allow an appeal to go through. However, the best policy for those filing reconsideration appeals or hearing requests is to keep updated on the status of their case, and file an appeal as soon as they become aware that they have been turned down for benefits.
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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