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Social Security Disability Definitions

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Social Security Disability SSI List of Conditions

What is considered a Disabling condition by Social Security?

Social Security Disability SSI and Medical Evidence

Filing for Disability Benefits

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


How to prove you are disabled
and win disability benefits


 
As a former disability examiner, I know that many people think a disability claim has to be denied a certain amount of times before being approved. This is a fallacy. There is no certain amount of denials that will guarantee an approval for disability benefits and not all initial disability claimants are denied.

I cannot count the number of times claimants asked or halfway told me they thought their disability claim would be summarily denied at the initial disability claim level for no other reason except that “they heard all initial disability claims were denied and that it took two or three more to be approved”.

If this not the case, then what are the chances of being approved for disability at the initial disability claim level (i.e. the disability application level)?

Across the nation, initial disability claim approval rates are an average of thirty to thirty-five percent. While that is not the best of rates, it still means that many individuals are approved at this level of the Social Security disability process.

If an individual is denied, it is to their benefit to appeal the denial rather than file a new disability claim. It would stand to reason if a person’s disability claim is denied, the decision is not going to change if they just file another disability claim (which will be sent to the same state disability agency, DDS, also known as disability determination services). More than likely, it will just be denied for the same reasons that their first disability claim was denied.

While reconsideration appeal (the request for reconsideration is the first appeal that may be filed) approval rates are dismal--about ten to fifteen percent--they are still a step in the right direction.

Reconsideration appeals are also sent to disability determination services for a medical decision; the only difference is that another disability examiner reviews the file and makes a decision. Logically, unless the first disability examiner made a mistake, or new medical evidence has come to light, the reconsideration appeal may be denied for the same reasons that the initial disability claim was denied.

It may seem like the reconsideration appeal is no better than filing a new disability claim at first glance. However, filing a reconsideration is much better than filing another initial disability claim (in other words, filing a brand new claim) because it is a step closer toward a social security disability hearing conducted by an administrative law judge, or ALJ.

If the reconsideration appeal is denied, and this is usually the case, then the disability claimant can file a formal "request for hearing before an administrative law judge".

The ALJ hearing results in an approval for benefits for about two thirds of all disability claimants who follow the appeal process to the hearing level. While an individual may receive several denials prior to winning their disability benefits, they will win their benefits must faster if they follow the appeal process.

Even if they have to go through the appeal process more than one time, they are still more likely to be approved for disability benefits than a disability claimant who files a multitude of initial disability claims.















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Information on the following topics can be found here: Social Security Disability Questions

Social Security Disability SSI decisions | The Disability Decision Process and What gets taken into Consideration | Getting Denied for Disability Benefits | Questions about Social Security Disability Approvals and Being Approved | Social Security Disability Hearings | Social Security Medical Examinations | Social Security SSI Doctors | Social Security Disability Representation | Social Security Disability SSI Reviews