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How Many Times Will Social Security Disability Deny You before You Get Approved for Disability?




 
If you know individuals who have applied for disability, you may have heard the idea that you have to apply a certain number of times before you get approved. Speaking as a former disability examiner, I know firsthand that many people think a disability claim has to be denied a certain amount of times before eventually being approved for SSD or SSI. Both notions are incorrect.

What's really going on

What is true is what generally happens in most cases. The disability application is filed and then gets denied (usually, a 70 percent denial rate); the request for reconsideration appeal is filed and gets denied (usually an 85 percent denial rate for this appeal); finally, a disability hearing is held and the individual has a much better chance of being awarded benefits.

All of this happens not because of some rule that says a person has to file X number of times or be denied X number of times, but simply because the deck is stacked against a person at the first two levels of the system. It is only at the third level, the disability hearing before an ALJ, that a person can appear before the decision-maker who is a judge, present an argument for approval by their disability attorney, and respond directly to questions. Quite importantly, of course, is the ability to be seen in person and not be simply a case file.

Most get denied twice

For a high percentage of individuals with good cases and good representation provided by a disability lawyer or non-attorney representative, there will be two denials and then an approval. However, no rule guides this outcome, and the quality of the case evidence and the preparation of the case can make all the difference.

Some individuals will be denied even at their hearing and the choice at that point will be to 1. stop any further action, 2. file a new claim, or 3. do the next appeal involving the appeals council. What to do next is something that should be considered very carefully and this is where consultation with one's attorney can be vitally important.

Things to keep in mind about being denied

1. If you get denied for disability, remember that most people do get denied.

2. Do not give up. Though some people will make the right decision in stopping, for most this is a clear mistake.

3. File your appeal promptly. Do not take the 60 days allotted for doing an appeal. Get the appeal filed IMMEDIATELY so your case can move as fast as possible in an otherwise slow disability system.

4. If your next step is to request a disability hearing, get a representative or lawyer to help you.

Filing appeals instead of re-applying is IMPORTANT

If an individual is denied, it is to their benefit to appeal the denial rather than file a new disability claim. It would stand to reason if a personís disability claim is denied, the decision is not going to change if they just file another disability claim (which will be sent to the same state disability agency, DDS, also known as disability determination services). More than likely, it will just be denied for the same reasons that their first disability claim was denied.

Updated: What is the rate of approval and denial for disability claims?

Doing the first appeal, the reconsideration, is better than starting all over. While reconsideration appeal approval rates are dismal--about ten to fifteen percent--they are still a step in the right direction.

Reconsideration appeals are also sent to disability determination services for a medical decision; the only difference is that another disability examiner reviews the file and makes a decision. Logically, unless the first disability examiner made a mistake, or new medical evidence has come to light, the reconsideration appeal may be denied for the same reasons that the initial disability claim was denied.

It may seem like the reconsideration appeal is no better than filing a new disability claim at first glance. However, filing a reconsideration is much better than filing another initial disability claim (in other words, filing a brand new claim) because it is a step closer toward a social security disability hearing conducted by an administrative law judge, or ALJ.

If the reconsideration appeal is denied, and this is usually the case, then the disability claimant can file a formal "request for hearing before an administrative law judge".

The ALJ hearing results in an approval for benefits for about two thirds of all disability claimants who follow the appeal process to the hearing level. While an individual may receive several denials prior to winning their disability benefits, they will win their benefits much faster if they follow the appeal process.

Even if they have to go through the appeal process more than one time, they are still more likely to be approved for disability benefits than a disability claimant who files a multitude of initial disability claims.








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Medical exams for disability claims

    Applying for Disability in various states

    Social Security Disability SSI and Doctors - Yours and Theirs

    Social Security Disability and SSI Claim Reviews

    Social Security Disability SSI System and Benefits for Children




    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney

    Frequently asked questions about getting Denied for Disability Benefits

    FAQ on Disability Claim Representation

    Disability hearings before Judges

    Selecting and hiring Disability Lawyers




    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security




    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits

    Info about Social Security Disability Approvals and Being Approved

    FAQ on Social Security Disability SSI decisions

    The SSD SSI Decision Process and what gets taken into consideration




    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI






    For Individuals living in North Carolina

    Applying for Disability in North Carolina

    North Carolina Disability Lawyer




    Related pages:

    How to get disability, tip 4
    Do CE exams usually result in denials for disability?
    Can I qualify for disability if I am working?
    If I Get Denied Twice For SSD or SSI Disability, What Do I Do?
    What Are The Reasons For Social Security Disability Cases Being Denied?
    What happens if you get denied for social security disability three times?
    Why Will A Social Security Disability Application Get Denied?
    How Many Times Will Social Security Disability Deny You before You Get Approved for Disability?
    Can You Avoid Being Denied on a Social Security Disability or SSI Claim?
    What happens if a reconsideration for Social Security Disability or SSI is denied?
    What should be done if your disability is denied?
    How do you appeal if you are denied for Social Security disability or SSI?
    Should you get Help from a Disability Attorney before the Claim has been Denied?
    Getting a Disability Lawyer in New York
    If you apply for disability in New York
    Will I qualify for disability Benefits in New York



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

    How to Apply for Disability - What medical conditions can you apply and qualify for?
    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?
    How to Prove you are disabled and qualify to win disability benefits
    How do you prove your disability case if you have a mental condition or impairment?
    Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
    Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria