Filing Disability Appeals- Reminders About the SSD, SSI Appeal Process

How to prove you are disabled
and win disability benefits

Whether a disability applicant is filing an appeal on a SSI, SSD, or concurrent SSI / SSD disability denial, they have sixty days to appeal their denial. Actually, they have their sixty-day appeal period plus five days for mailing from the date of their Social Security disability denial notice. This means that the SSD or SSI appeal must be in the Social Security office by the sixty-fifth day or an individual’s disability appeal could be denied for late filing.

Most Social Security offices are fairly flexible if an individual has a good reason for the late filing of their appeal, however administrative law judges are not so flexible with late appeal filing. In fact, many administrative law judges deny hearings requests on the basis that the appeal was not filed timely.

When your file your appeal, you should indicate recent treatment (new treatment dates or sources since their last denial) sources or even send in the new medical records (keep a copy for yourself just in case they get lost) if you have them. Be sure to complete all information on the disability appeal report form and return any requested forms with your appeal.

Currently, disability appeals can be completed online or through paperwork. No matter which method you choose, remember to return anything that is requested. It is not a bad idea to follow up on your appeal with Social Security with a phone call or visit to the office. Social Security offices are very busy places that often serve hundreds of people everyday; consequently there may be times that things fall through the cracks so to speak. A phone call often will get the ball rolling again if your appeal has not made it out of the Social Security office (to disability determination services where a disability examiner will work on making the medical decision).

Return to: SSDRC, or the Questions, Answers, Tips, and Advice page

Individual Questions and Answers

Making a Request for a Disability Hearing

How Many Times Will Social Security Disability Deny You before You Get Approved?

What is a Social Security Disability Denial based on?

Advice to Win Social Security Disability and SSI Benefit Claims

Disability Lawyer Success Rate - Do Lawyers Improve The Chances of Winning?

Are you allowed to receive VA benefits and Social Security Disability at the same time ?

Filing for Disability - Can you speed up the Social Security Disability process?

Filing for Social Security disability- what to bring when you apply

How long will it take to receive Social Security disability after you have been approved?

How to Apply for Disability - Where do I go to apply for disability ?

Applying for disability benefits in Georgia

What are Social Security Disability and SSI Concurrent Benefits?

If I File For Disability Will They Offset My Pension?

Will the Medical Rules for Receiving Disability Grant Benefits for Short Term Social Security or SSI?

Will Work Cause You To Lose Your Disability Benefits?

How Will Social Security Decide a Disability Case that's filed?

Will You Possibly Get Less Than Total Disability From Social Security?

Can You Apply For Disability When You Lose Your Job?

How Long Will My Case Be at the Social Security Hearing Office Before It gets Scheduled?

What will trigger a review of a social security disability claim?

What kind of cases win disability benefits ?

Hiring a Qualified Disability Lawyer in Indiana

Pancreatitis, Social Security Disability, and Applying for Benefits

If I am Awarded Social Security Disability Will My Benefits be Cutoff Later?

What Are The Reasons For Social Security Disability Cases Being Denied?

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