 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 |
If you get denied on a disability application do you have to file a new application ?How to prove you are disabled and win disability benefits For the approximately 70 percent of individuals who get denied at the disability application step but decide to continue on through appeals, the disability process will usually involve the following: 1. An initial filing (the application, which the claimant has already gone through). 2. A request for reconsideration appeal (basically, a second look at the claim if the application is denied, as well as the opportunity to have additional evidence reviewed by the reconsideration examiner if there is new information). 3. A a hearing before an administrative law judge (requested when reconsideration appeals are denied). Should you immediately file a new application if your current application is denied? In nearly all cases no. You should file a request for reconsideration, the first appeal. In a small percentage of cases, a claim will be denied for a non-medical reason, such as the claimant working at or above the allowable limit for earned income (SGA limit). In those cases, the claim will have received a technical denial at the Social Security office and will not even have been assigned to a disability examiner for processing. Or the issue of being over the income limit will have been discovered by the disability examiner, the result being that the case is "denied for SGA". In either situation, there is no point in filing an appeal and the claimant may wish to file a new claim provided that they are no longer work, or their earnings have dropped below the SGA limit. In nearly all other situations, however, a person who has been denied will wish to file a request for reconsideration appeal, not file a new claim--simply because there will be no point in filing a new claim since it will be likely to be denied again. While the reconsideration appeal is also likely to be denied, once a claimant goes through the reconsideration phase, they can request a hearing where the odds of approval rise substantially. Filing an appeal after being denied If you learn that you have been denied for disability benefits, either under the title II Social Security Disability or title 16 SSI disability program, you will receive a notice of denial that contains an explanation of your appeal rights. At anytime within 65 days of your disability denial notice date (this includes 60 days for the actual appeal time plus an additional five days of mail time which the social security administration will allow you), you have the right to file an appeal. It is not uncommon for appeals to be missed. In some cases, this is due to a simple error on the part of the claimant. In other instances, this is because the appeal paperwork was never received by the claimant from the social security office, or was mailed back to the social security office and never received there. This, of course, illustrates the high value of doing followups on any paperwork that has either been requested or mailed out. Note: It sometimes occurs that the time period for submitting an appeal expires because the claimant never became aware that their case was denied in the first place. Again, this points to the need for occasional follow-ups on the status of a case. If you intended to file an appeal following the denial of your disability application, but missed the appeal deadline, you have two choices. You can file a new disability application with the social security administration or you may request that good cause be given for your late appeal filing. If the Social Security Administration determines good cause, then your disability claim will be appealed to the next level. If good cause cannot be given, then you will have to file a new application for social security disability or SSI disability benefits. 
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 |