“image

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 am Denied For Social Security Disability Because they say I can work, What are my Options?



 
Social Security informs the majority of those who file for disability that they can work either at their past job or another job as it is performed in the general economy. The national average for denials at the initial disability claim level is about sixty-five percent and those who file a reconsideration appeal are denied about eighty-five percent of the time. What should you do if you are denied by Social Security?

You need to file a reconsideration of your initial disability denial, and do not be discouraged if that is denied as well. Reconsideration appeals should basically be viewed as a stepping-stone to the request for an administrative law judge hearing. The administrative law judge hearing has the highest approval rate of all of the disability levels. The national average for Social Security Disability and SSI hearing approvals is about sixty-six percent.

Finally, you have only a couple of options if your disability claim is denied. You can give up and go back to work, which may be practically impossible if your disabling condition is causing significant functional limitations. Or, you may begin the Social Security Disability appeal process, which can be a struggle in itself both financially and emotionally.



It may take a long time to be approved for disability benefits. There are many disability claimants who do not even get a hearing date for more than a year after they file their request for a disability hearing. However, if you cannot work there is not much else you can do but follow this process and try to win your disability benefits.

If you receive a denial on your application for disability, due to the perception by the social security administration that you can engage in work activity, you should do the following:

1. Contact the social security office where you initiated your claim. Do this immediately and inform them that you wish to file an appeal. This will prompt the social security office to send you the necessary appeal forms.

2. If you have representation, contact your disability lawyer immediately. Your lawyer should receive copies of everything you receive from SSA, including notices of denial. However, in many cases, the attorney of record will not receive what the claimant received in the mail, or vice-versa. Contact your lawyer to make sure that both of you are aware of the status of the claim. Your lawyer at this point will submit your appeal for you.

3. If you are not presently represented, consider finding representation. Representation is not necessary for most individuals on a disability application. Once the application has been denied, however, and the claimant is forced to enter into the appeal process, it makes perfect sense to begin searching for a good representative.

This is especially true because the first appeal that is available to claimants, the request for reconsideration, has a higher-than-eighty-percent rate of denial. Meaning? Most claimants will have to request the second appeal, which involves a hearing before a federal disability judge. At disability hearings, claimants are usually best prepared if they have representation.








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



Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?



New and featured pages on SSDRC.com

Who can help me file for disability?




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 Appeal a disability claim denial from Social Security
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
What is a Social Security Disability Denial based on?
Are there ways to avoid being denied for SSI or Social Security Disability?
What does a Disability Denial Letter from Social Security say?
Reconsideration of a Social Security Disability denial- what does it involve?
What to do if you receive notification of a Social Security Disability or SSI claim denial
If you receive a Social Security Disability Denial quickly does that mean the case is weak?
What happens if my SSI or Social Security Disability Application is denied?
Social Security Disability Denied — The Reasons Why (medical denials)
What conditions will qualify for disability in Missouri?
How much can you get for disability in Missouri?
Disability requirements and criteria in Missouri



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.