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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

If I Get Denied Twice For SSD or SSI Disability, What Do I Do?



 
There are two ways to answer the question of what to do when you've been denied for disability twice. And that is because a second denial can happen in one of two different ways.

If, by this question, a person means that they have:

1. filed a disability application,
2. gotten denied on the application,
3. filed a second disability (brand new) application, and
4. gotten denied on that new disability application,

--then the next course of action should be to file the first appeal that is available to them. This will be something known as a request for reconsideration, an appeal, that like an application for disability, is also decided by a disability examiner at disability determination services.



However, if by this question, a person means that they have filed a disability application, been denied, then filed a reconsideration appeal and then been denied on this, the next course of action should be to file the second appeal, which is a request for a disability hearing before an ALJ, or administrative law judge.

Evidence to prove the claim

With any claim for Social Security Disability or SSI disability, of course, you should have a past medical treatment history that is at least a few months old.

But, ideally, your medical record documentation should go far back enough to be able to prove the onset date (when you claim your disability began) you listed at the time of application. Onset date is a very important issue since it impacts when a person's coverage for medicare may begin and potentially how much they may receive in disability back pay.

In addition to older records, you will also need current medical records from an acceptable medical source (i.e. licensed or certified physicians, psychologists, podiatrists, etc.). Current medical records are medical records that are no older than ninety days old.

You will also help your chances of approval significantly if you have a treating physician (a doctor who has a history of treating your condition) who can provide medical treatment records for your disabling conditions.

If you do not have any medical treatment notes, or your medical treatment records are more than three months old, you most likely will have to attend a consultative examination, or CE, so that the disability examiner will have current medical information to make your disability determination.

On the whole, consultative examinations are rarely a true indicator of an individual’s disabling condition, or what limitations the individual has as a result of their disabling condition. These doctors are independent, private practice physicians who are paid by Social Security to perform a brief perfunctory examination, just enough for the disability examiner to have a general status of your condition or conditions. Generally, consultative examinations do not lead to an approval for disability benefits.

Tips on filing your disability appeal

Without a doubt, if your disability claim is denied, you should appeal your disability denial. So many disability claimants give up and do not file an appeal only to find themselves starting the disability process all over again at a future date.

All disability claimants have sixty days, plus five days for mailing, to get their appeal submitted to Social Security. You can file your appeal online, or file a paper appeal. It really does not matter what method you use, the important thing is to file the appeal and file it timely. However, if you have a disability representative, either a disability attorney or a non-attorney disability advocate, contact that individual's office so they can file your appeal paperwork for you.

If you do not file your appeal timely, you may have to file a new disability claim if you cannot present an acceptable good cause reason for missing the appeal deadline. Do not be discouraged if your first appeal (reconsideration) is denied, because about eighty-five percent of those who file a reconsideration appeal are denied.

The trick to getting your disability claim approved if you are denied at the initial level (i.e. the disability application level) is to eventually get to an administrative law judge disability hearing. You can only do that by filing a reconsideration appeal first (the reconsideration is the first appeal). If your reconsideration is denied, you may then file a request for a disability hearing.

More people win a disability claim at a disability hearing than the initial disability claim and reconsideration appeal levels combined. More than sixty percent of all individuals who attend a disability hearing with representation are approved and awarded disability benefits.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



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Related pages:

Should I get a lawyer if I have already filed for disability?
What is considered to be a disability for SSDI or SSI?
Who can get SSI disability?
How to apply for disability and where to apply
Filing an Application for Disability Benefits under SSD or SSI - Step by Step
Tips on how to file for disability
What is the Application Process for Social Security Disability and SSI?
What happens after I file my disability claim with Social Security?
What happens after a Social Security Disability or SSI Claim has been taken and is Pending
If you get denied on a disability application do you have to file a new application?
How the Decision on a Disability Application or Appeal Under SSDI or SSI is Made
Will I qualify for disability Benefits in New York
Getting a Disability Lawyer in New York
How do Disability Lawyers in New York get paid their fees?



These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

What happens if I file a disability application and it is denied by a disability examiner or Judge?









For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.