Social Security Notice of Denial for a Disability Application or Appeal

When a represented by an attorney do not normally have to deal with this issue, since disability representatives periodically check in on the status of your claim. If you do not have a representative to do this for you, make a habit of contacting your local social security office on a regular basis to ask if there has been a decision on your claim. If you have been denied, ask when you can expect to receive the notice of denial.

These denials are also not overly specific, and do not supply much useful information to the applicant wishing for a detailed explanation about why the claim was rejected. The notice of denial is primarily important because it states the date upon which your claim was denied, typically listed in the top right corner.

Once a disability examiner has decided to deny a claim, he sends the claimant a notice of denial that is, for the most part, composed of boiler plate langugage that fits his particular case (if you were to compare the denial notices of ten different claimants, the notices would hardly be distinguishable from one another.

It is very important that you file your appeal as soon as you are aware that you have been turned down. Social Security requires that all appeals be in the local Social Security office within 60 days, plus 5 days grace period for mailing. The clock for the 60-day deadline begins ticking from the date stamped on the notice, not the date you actually received the notice of denial, or the date on which you discovered you were denied.

Failure to meet the deadline for an appeal could mean that you have to start over with a new claim, which will only add months to the decision-making process, ultimately delaying receiving an approval in your case.

In some cases in which the claimant or his attorney have not received a notice of denial in a timely manner, the disability examiner could decide to make an exception and allow an appeal to go through. However, the best policy for those filing reconsideration appeals or hearing requests is to keep updated on the status of their case, and file an appeal as soon as they become aware that they have been turned down for benefits.

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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