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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

SSI Benefits

Child Disability Benefits

Qualifications and How to Qualify

Working and Disability

Disability Awards and Notices

Disability Lawyers, Hiring Attorneys

Social Security List of Impairments

What Social Security considers disabling

Medical Evidence and Disability

Filing for Disability Benefits

Eligibility for Disability Benefits

SSD SSI Definitions



Ask a question, get an answer

Should you appeal a disability denial if your condition is improving?




 
Before we address the question of one's condition improving, we should first make a statement about the usefullness of appeals. You should nearly always appeal your claim if you receive a denial of either Social Security Disability or SSI benefits. There are a few instances in which a person shouldn't, but those are very limited (such as when a claim was denied for technical reasons that had nothing to do with their medical conditions and their medical records were not even obtained and evaluated).

Related:

The Odds of Winning on appeal
Odds of winning disability depend on the appeal level of your claim
Disability Approval Chances at the Social Security Reconsideration and Hearing Levels


However, in most cases, a claim will be denied on the basis that the individual can return to work activity and that decision will be something that can be appealed once, twice, or even three times. In a large percentage of claims, a case that was previously denied at the application level will be approved on the first appeal or by a judge at a hearing. So, generally speaking, it is foolish not to appeal a denial.

Should you appeal a denial of your social security disability or SSI claim even if your medical or mental condition is improving? With disability claims, its sometimes difficult to answer questions in a general fashion---this is especially true when it comes to payment scenarios since there are usually a large number of variables and the likelihood for miscommunication is high (when it comes to payment issues, you should contact your local social security office).

However, with regard to this specific question, the answer will almost always be...yes.

And here's why. Many claimants who file for disability benefits have conditions that exacerbate and remiss. That is, they get better and then they get worse, and sometimes this cycle keeps repeating. This is often true of cases involving fibromyalgia, back complaints, lupus, MS, depression, etc.

Because of the alternating nature (exacerbation and remission) of certain impairments, disability claimants should really think twice about giving up on an SSD or SSI claim when it seems as though their condition is improving---for the simple reason that their condition may unexpectedly get worse later.

What happens if you choose not to file an appeal on a claim within the time frame allotted (you have 60 days to file an appeal from the date of your last denial)? You will be forced to start over with a brand new application, which may needlessly consume several more months of waiting.

Related:

When to appeal a disability denial
The first appeal in a social security disability or SSI case
When to appeal Social Security disability or SSI
Social Security Disability SSI appeals















Return to:  Social Security Disability Resource Center, or read answers to Questions





























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What are the chances of winning a Social Security Disability Benefits hearing?
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Filing for disability with alcoholism
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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

How and why to check Social Security Disability Status
Social Security Disability back pay
Non medical requirements for disability
Qualifying for disability, SSD SSI
When does social security consider you eligible for disability benefits?
Who qualifies for SSI?
Forms to complete when filing, applying for disability
How long does SSDI and SSI disability take to get?
Filing for disability with Depression
Can You Get Approved For SSI or SSD Benefits with a Mental Condition
How long for a disability judge to make a decision?
While you are in your disability interview
The SSD and SSI definition of disability
Filing for disability with carpal tunnel syndrome
Social Security Disability SSI and Fibromyalgia
Can you work if you get a disability check?
Disability application denied
File for disability, the application
How to get disability benefits
Conditions that get approved for disability
How to Appeal a disability claim denial from Social Security