Do You Get Disability Benefits From The First Time You Applied?

How to prove you are disabled
and win disability benefits

The first time you apply for disability may or may not determine when you get disability benefits from Social Security. Social Security bases an applicant’s disability entitlement on the date they contacted Social Security to file their disability claim. The filing date determines when you might first be eligible to receive disability benefits. In other words, the life of a disability claim begins with the date of filing and lasts until a disability decision is made.

National statistical information indicates that about thirty five percent of all disability applicants are approved for disability the first time they apply. Which, of course, means that about sixty five percent of all applicants are denied disability benefits.

In order to protect your date of filing you must appeal your disability claim denial. If you do not appeal your disability denial the next time you apply for disability the date of eligibility will determined by the date you contact Social Security to re-apply for disability benefits. It does not matter if you have not worked since your last disability denial, because eligibility is determined by the date that you applied not the date you stopped work.

Remember the life of any disability claim begins with the date you file for disability; if you do not appeal your disability denial, you will not be able to get disability benefits from the first time you applied for disability.

If you are not able to go perform substantial work (generally full time work or highly paid part time work) at the time you receive your disability claim, you should waste no time in filing an appeal with Social Security.

There are a couple of reasons for filing an appeal rather than a new disability claim when your disability claim is denied. You have a better chance of being approved quicker if you appeal your disability claim to an administrative law judge. And, you are able to receive disability benefits based upon the date you first applied for disability.

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Topics and Questions

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What makes you entitled to receive disability benefits under SSI or SSD?

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