 SSDRC 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 |
The Social Security Denial LetterHow to prove you are disabled and win disability benefits If you get a social security disability denial letter, you shouldn't get overly concerned about the merits of your case. The truth is, the majority of all claims are denied at the disability application level. And even more claims are denied at the reconsideration appeal level, which is the very first level of appeal that is available to claimants. If you receive a social security denial letter, the most important thing to keep in mind is that you need to send in a timely appeal. For the social security administration, timely means that they actually receive the appeal paperwork from you within 60 days from the date of the denial. That date should be indicated, or stamped, in the upper right hand of the notice (notice of disapproved claim). Some claimants fail to get their appeal forms returned within the 60 day deadline and this is typically due to procrastination or, in other cases, a bit of depression or anxiety over having been denied in the first place. Therefore, the best course of action to follow after a notice of denial has been received in the mail is to immediately contact social security and let them know that you wish to appeal. This will cause them to send you the necessary appeal forms. Of course, if you have a disability attorney, immediately contact that person so they can get to work in submitting your appeal forms. It usually only takes about 15 minutes for such forms to be completed and just a few more minutes for the attorney to mail the forms to SSA, and also make copies for his file and copies to send to you for your own records. Will the social security denial letter explain why you were denied? In a sense, but it tends to be boilerplate language that is basically meaningless. In other words, there will be no detailed explanation of how your medical records were evaluated and how your functional capacity and ability to return was calculated. For this reason, it is entirely pointless in most cases to call social security to have them explain the denial. The best course of action is simply initiate the appeal process by calling social security. And if you have a disability lawyer, contact that person to have them actually file the forms. Note: after you submit your disability appeal, it is an excellent idea to call social security a couple of weeks later to verify that they did, in fact, receive the forms in the mail. Doing this can stop a potential problem (missing the appeal deadline) before it begins. Special note: the deadline for submitting a disability appeal is 60 days from the date of the denial notice. However, what SSA never informs claimants of is the fact that they also give claimants an additional five days for mailing time. Therefore, while the official appeal period is 60 days, claimants actually have 65 days. 
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 |