SSDRC authored by Tim Moore
Social Security Disability and SSI Questions and Answers
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?
More questions about SSD and SSI
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
How Long Does It Take To Get SSDI If You Have To Appeal?
How to prove you are disabled
and win disability benefits
If you have to appeal your Social Security disability claim, it may take months or even years to get your disability benefits established. It all depends upon what level of the disability appeal process you are approved at.
If your initial disability claim is denied at the application level and you wish to pursue your claim, you have to file a reconsideration appeal.
The reconsideration is the first appeal that claimants may file and, as a course of action, it is far preferable to starting over with a new disability application that, in all likelihood, would simply be denied again.
Reconsideration appeals generally do not take very long to receive a decision. This is because they are basically just a review of the initial disability determination that was issued on the application. Barring any major errors on the part of the disability examiner who made your initial disability decision, or new medical evidence that would allow the disability examiner making your reconsideration appeal decision to overturn your initial disability decision, your reconsideration appeal will be denied.
The reconsideration appeal rate is poor; roughly about ten to fifteen percent of these appeals are approved. However, claimants who file reconsideration appeals should not be discouraged. Instead, they should just look at the reconsideration appeal as a necessary step toward requesting a hearing (which a claimant cannot request until they have gone through the reconsideration stage).
You need to file a request for an administrative law judge hearing if your reconsideration appeal is denied. The disability hearing provides the best opportunity for claimants who have been denied on their initial claim to be approved. However, it is also the disability level with the longest wait time for a decision. Most of the time that it takes to reach a disability hearing is caused by backlogs that plague most disability hearing offices across the nation. Some disability applicants wait twelve months or more for a hearing to even be scheduled.
There is always the possibility that your disability claim could be denied at the administrative law judge hearing as well. Some disability applicants find themselves using the disability appeal process more than one time and many have attended more than one disability hearing without winning their SSDI benefits. Having said that, though, the statistics indicate that forty percent of claimants who go to a disability hearing without a lawyer will be awarded their disability benefits, while over sixty percent of claimants who go to a disability hearing represented by a social security lawyer will be awarded their disability benefits.
Return to: SSDRC, or the Social Security Disability Questions page