Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
Ask a question, get an answer
My social security disability claim was denied for the second time, what do I do?
I've come across this question enough times to know that, before I can give the individual an answer, I need them to clarify what they meant---because the answer to the question will depend on whether the questioner meant to say:
A. They were denied on their second social security disability application.
B. They were denied on their first appeal, which they filed following a denial of their social security disability (or SSI) application.
The distinction is very important, but, unfortunately, more than a few individuals get confused in this area. In fact, some individuals do, in fact, believe that when they file a brand new disability application that they are filing an appeal.
This is absolutely not the case. A new disability application is simply a new disability application and has nothing to do with a prior application. And, in most cases, it can disadvantage a claimant if they decide to start over with a new application.
Why? Because, by doing so, they give up their right to file an appeal. And appeals are almost always the best route to follow, because by following the appeal system, a claimant can get their case before a judge and, typically, have their best chance of being approved for social security disability or SSI disability.
So, what is the answer, or, rather, what are the answers to the question?
Well, if an individual is denied on a disability application, they should file for the first appeal that is available to them. This is known as a reconsideration in most states. To request this appeal, simply contact your local social security office and request the appeal (so they can send you the proper forms) or, if you have representation, have your lawyer submit your appeal paperwork for you. Or the appeal can be done online, by you or your representative.
If an individual is denied on this appeal (which is usually what most people mean when they state they have have been "denied for the second time"), then the next course of action should be to request a hearing before an administrative law judge.
Return to: Social Security Disability Resource Center, or read answers to Questions
To avoid being denied disability
Denied twice for disability
Denied disability because they say I can work
What Are the reasons for disability being denied?
What if your disability is denied three times?
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages provide answers to basic questions about pursuing disability benefits
Disability qualifications - Who will qualify is based on functional limitations
What do you Need to Prove to Qualify for Disability Benefits?
How to file for disability and the information needed by Social Security
What conditions do they Award Disability Benefits for?
How does back pay for Social Security disability work?
What makes you eligible for Social Security Disability or SSI? Part I
To get a Social Security Disability or SSI Award do you have to have a Permanent Disability?
Social Security Disability Status - when should I call to check
Do Lawyers Improve The Chances of Winning Social Security Disability or SSI?
What is qualifying for disability based on?
How to qualify for disability - The Process of Qualifying for Benefits
Receiving a Social Security Disability Award Letter
How long does it take to get disability?
Filing and applying for disability in Texas