 SSDRC Filing an Application for Disability Benefits Social Security Disability List of Impairments Social Security Disability and SSI Back pay Social Security Disability Status SSI Disability Benefits Social Security Disability and SSI Requirements Social Security, SSI, and Mental Disability How Long Does It Take To Get Disability Benefits? Qualifying: What do you Need to Prove to Qualify for Disability? |
If you get denied on a disability appeal can you get another appeal ?The simple answer to this question is, yes, you can get another disability appeal. The Social Security disability appeal process is multi level; therefore you may have another appeal for your social security disability claim if you are denied. If your initial disability claim is denied you may file for a reconsideration of the denial, and your claim will be sent back to the state disability determination service responsible for Social Security disability medical decisions. At this agency, a disability examiner will once again review the medical evidence in the file. If the "request for reconsideration" has been assigned to a new disability examiner fairly soon after the denial of the initial claim, there will be a reasonably good chance that there will be current medical record documentation in the file. For social security disability and SSI decisions to be made, there must be at least some current records to evaluate, "current" being defined as not older than 90 days. If there is no current documentation in the file, then the reconsideration examiner will need to request updated records from the claimant's treatment sources and this could significantly delay the decision on the reconsideration appeal. Note: this is a perfectly good rationale for claimants to get their appeals submitted quickly, ideally the very next day after receiving a notice of denial. Doing so can sometimes help a case by avoiding the "aging out" of its medical evidence. If your reconsideration appeal is denied (this happens roughly 87 percent of the time), then you may appeal your claim with a request for a disability hearing. This appeal is initiated very similarly to how a request for reconsideration gets started. If you are represented by a disability attorney, you can have that individual submit your appeal paperwork for you. Obviously, this is the easiest route to take. Typically, the attorney will send in the appeal and then conduct periodic followups on the status of the appeal as it is being worked on . If you are not represented, contact the social security administration and ask that appeal forms be mailed out to you (you have the option of filing appeals at the SSA website as well). If you apply for a hearing, it may take a long number of months to be scheduled for a hearing date. This can range from six months to as long as two years depending on the hearing office that has jurisdiction for your case. The unusually long wait time is due to backlogs in the system. At some point, however, your case will be assigned to an administrative law judge who will review your disability claim. This means that the ALJ will review your medical records and work history to learn about A) what your mental or physical limitations are and B) what your vocational work history reveals about your job skills and, thus, your ability (or inability) to do other tpes of work, assuming that your condition will prevent you from going back to one of your former jobs. After this analysis is conducted, the ALJ, or administrative law judge, will make a medical disability determination. If your hearing decision is denied, you may file an appeal to the Appeals Council, the third level of appeal in the SSD and SSI disability system. Relatively few disability claims are allowed at the Appeals Council level, therefore it is often advantageous to begin a new initial claim with Social Security while you wait for an Appeals Council decision (which can take up to 24 months). 
Return to: Individual Questions and Answers Special Sections Return to Social Security Disability Resource Center Or click to one of the following: Return to -- Social Security Appeals Time Limit Return to -- Can I Talk To the Disability Examiner Working On My Case? Return to -- What Expenses Will A Social Security Attorney Charge In Addition To The Fee? Return to -- Do Most People Need To See A Judge To Get Disability Benefits From Social Security? Return to -- Social Security Disability Lawyers and 25% Back Pay Return to -- Will Social Security Attempt To Get A Letter From Your Doctor To Help Your Case? Return to -- What Is The Difference In SSD and SSI? Return to -- How is Social Security Disability and SSI Awarded? Return to -- Will my children get benefits if I get approved for disability? Return to -- Why Does It Take So Long To Get A Call Back From The Social Security Office? Return to -- Does Being Represented On A Disability Claim Win The Case Faster? Return to -- Applying for Disability according to state of residence Return to -- Social Security Disability SSI Blog , About the Author Return to -- Social Security Disability and Money in the Bank Return to -- How long do you have To Be Out Of Work Before You Get Social Security Disability (SSD)? Return to -- The first appeal in a social security disability or SSI case Return to -- Using a Lawyer for an SSDI Disability Case Return to -- Social Security Disability SSI, Medical and Mental Conditions and Problems Return to -- Disability Lawyers - Questions about Hiring a Disability Attorney Return to -- Disability Lawyers in Various States |