Overview of Disability
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Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
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SSD SSI Definitions
SSDRC authored by Tim Moore
Ask a question, get an answer
What do You do if You get Denied for Disability in California?
This is not a trick question, just one with an obvious answer.
I've blogged about this topic frequently, but its always worth revisiting for one basic reason: many, many thousands of individuals who file for disability and then get denied fail to take the next, obvious, most practical, and most beneficial step. That is, they do not follow up by filing a disability appeal.
In fact, a recent article in a publication called the suburban Chicago news tells the story of a woman who worked as a health home aide until her heart problems and a spinal lesion made it impossible to continue working. She went to social security to apply for disability benefits, was denied as so many claimants are and then...apparently did nothing in the way of utilizing the social security disability appeal process. This seems to be indicated by the fact that she apparently filed a new disability application the following year and another disability application the year after that.
As a disability examiner, it was impossible not to notice this phenomenon among claimants -- getting denied for disability and then not doing an appeal, but, instead, waiting until a later point to apply all over again.
Why? Who can say, really. My own suspicion is that a large percentage of these individuals, for one reason or another, fail to submit their disability appeal by the time limit (60 days plus 5 additional days allotted for mail time) and then, because of that, have no choice to start over with a new claim.
Which, in all likelihood, will simply get denied because it will be handled by the same agency--the state disability processing agency that handles disability decisions for the social security administration and which, in most states, is known as DDS--that previously handled the claim... versus being heard and evaluated by an administrative law judge who is not part of that same institutional (and inherently hostile) process.
However, it is also likely that many claimants who have been denied for disability in California fully intend to file a disability appeal and then for whatever reasons...fail to do so.
Here's the truth of the matter, though. There is absolutely no reason for missing a disability appeal deadline in 99 percent of all cases when the social security administration allows claimants two full months to submit an appeal. Yet it happens time and time again.
For this reason, I am strongly inclined to sharply agree with those who so vocally declare that no one should seek disability representation until they've requested a disability hearing, or even not at all.
Obviously, there are thousands upon thousands of disability claimants whose cases would have successfully moved forward in the system had they simply had a representative on record to handle their appeals for them. Yes, the filing of appeals is very simple; but the mere fact that so many claimants fail to do timely appeals is a strong argument for considering early representation on a claim. And the argument becomes much stronger when claimants are filing on the basis of medical impairments that significantly impair their mobility, impair their memory, impair their cognitive ability, or otherwise impair them mentally.
Return to: Social Security Disability Resource Center, or read answers to Questions
Filing for disability in California
How do I Apply for Disability Benefits in California
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SSD and SSI applications in California
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California Social Security Back Pay
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Disability two year medicare waiting period in California
California review of Social Security Disability claim
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VA disability and California Social Security Disability
Can a Congressman in California help on a disability case
How do examiners make disability decisions in California?
Applying for disability benefits in California
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How long does it take to get a decision on a disability case in California?
Why do disability claims take so long in California?
How Long Will It Take To Get My Disability Decision If I Appeal in California?
Disability claims in California with certain conditions
Applying For Disability On the Basis of Back Pain in California
Filing for Disability with Fibromyalgia in California
Social Security Disability For Mental Illness in California
Winning California disability
Will a lawyer improve the chance to win disability in California?
Getting approved for disability in California
Winning disability in California
California Disability Lawyers and Representation
Getting a disability attorney in California
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Applying for SSI in California
Filing for SSI disability in California
SSI disability denied in California
Are SSI claims in California denied more than SSDI claims?
How to apply for SSI Disability in California
Doctors, medical records, and medical exams
Doctors and applying for disability in California
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Disability hearings in California
Disability Hearings in California
California quick disability hearing
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Disability denials in California
Disability Denied in California
If a disability claim is denied in California
Appealing a Social Security Disability denial in California
If you get denied Social Security Disability in California
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Getting approved or denied for disability in California
Disability appeals in California
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How many disability appeals do you get in California?
If your California disability appeal is denied, can you get another appeal?
If your disability reconsideration is denied in California
Filing a reconsideration appeal in California
Why was I denied disability in California?
Qualifying for disability in California
Qualifying for disability in California
Qualify for SSD in California
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Disability lawyers in California
Using a Social Security Disability Attorney in California
Cost of a California disability attorney
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Hiring a Disability Lawyer in California
Social Security Disability Attorney Fees In California
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Should you get a disability lawyer before you get denied in California?
Lawyer for a disability hearing in California
Why was I denied disability in California?