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
What Happens When You File A Second Social Security Disability Claim?
If you are filing a second SSA disability claim (under Social Security Disability or SSI), the chances are you did not appeal your initial disability denial or perhaps you have gone through the entire appeal process and were not approved for disability benefits.
If you did not appeal your initial disability claim denial, here is some advice: If your initial disability claim is denied, the best course of action to take is to file an appeal. That is because the chances are that if your initial disability claim is denied, then you are unlikely to be approved on multiple initial disability claims.
The reason for this is fairly clear. The decision on the initial disability claim is made by a disability examiner at disability determination services, the state-level agency that makes claim decisions for the social security administration. Claimants who are denied on a claim and then file a brand new disability application (as opposed to filing an appeal) will simply be subjected to the same evaluation process.
The process does not change, and, therefore, the outcome does not change.
The goal in filing a disability claim is to win your disability benefits, and you cannot do that if you are constantly filing initial disability claims that are denied. Despite this fact, there are many claimants who never utilize the appeal process and, instead, simply file new claim after new claim after new claim.
As a disability examiner, I frequently saw cases in which the claimant had filed as many as seventeen claims. In the time that had been consumed with these multiple new claims, the claimant could have A) filed a reconsideration appeal, and if that appeal had been denied (reconsiderations are usually denied) then B) filed a request for a hearing before an administrative law judge. At a hearing, the chances of approval can be exceedingly good for those with competent representation; claimants with representation, in fact, have a better than sixty percent approval rate.
To appeal your initial disability claim, you need to submit a request a reconsideration. You can get the process started by simply contacting the local social security office at which point they will send you the appropriate forms.
If you have representation, of course, your representative will take care of this. Whoever does the appeal, however, should complete the appeal paperwork (or online forms if the appeal is being done online) and return any necessary forms to Social Security.
If you file your appeal online, make sure to complete the disability report form (the form that gathers your medical and work information) as well as your online appeal form. Remember, it is important to return any necessary forms to SSA and within the appeal time period (appeals must always be submitted within sixty days from the date of the last denial).
Do not be discouraged if your reconsideration appeal is denied because the vast majority of these appeals are denied (in most states, more than 80 percent of reconsiderations are turned down), and generally they are just the next step toward an administrative law judge hearing.
Administrative law judge disability hearings are the most "winnable" level of the Social Security Disability process; as was previously stated, approximately two thirds of all disability applicants who appeal their disability claim to this level, and have representation, win their SSD or SSI disability benefits.
If you get denied at a hearing
Much of the preceding information concerned those who failed to appeal a denial of their initial disability claim. But what about those individuals who have gone through the appeal process, only to be denied at their disability hearing?
If you were denied at your administrative law judge disability hearing, you should consider what might have caused your claim to be denied. Some things you just cannot help such as your age. Some younger individuals with disabling impairments have a hard time winning disability benefits even at a disability hearing.
However, there are other individuals who are denied at their hearing because they were not prepared and could not convey a good picture of their disabling condition or conditions; or they decided to represent their own disability claim at their hearing while knowing absolutely nothing about Social Security Disability medical and vocational disability guidelines.
Claimants who are denied at a hearing have several options. They can give up. They can take the next appeal step, which is the appeals council where the decisions of administrative law judges are reviewed. Or, they can file a brand new disability application.
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?
Denied Social Security Disability Appeal
Getting Disability and Trying to work
How many times can I appeal my Social Security Disability or SSI?
What is the Difference Between Filing A New Disability Claim And Filing A Disability Appeal?
How Likely Is It That A Social Security Disability Claim Will Be Won Prior To The Hearing Level?
How do you find out if a Social Security Disability claim has been approved or even denied?
What Happens When You File A Second Social Security Disability Claim?
What Happens in the processing of a disability claim after you file?
A Short Checklist for Filing A Disability Claim Under SSI or SSD
Will Your Claim for Disability be Handled Differently if Based on a Physical or Mental Problem?
How to Claim Disability Benefits through Social Security
How to claim disability benefits in North Carolina
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.