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 are my options if I get denied for disability for the second time?

This question could fit two very distinct scenarios in the Social Security Disability process. The first scenario would be your initial disability claim was denied and you filed a reconsideration appeal and it was denied as well. In this situation, you should file a hearing request if you still feel you are disabled to the point of being unable to perform SGA level work activity. It would be advisable to obtain the services of a disability lawyer or Social Security representative to help you with your case.

The fact of the matter is that you were not approved at the initial (disability application) or reconsideration levels of the disability process and that does indicate that the facts of your disability case are not an obvious approval for SSD or SSI. That being the case, you need to have someone who is familiar with Social Security case law and medical vocational guidelines to present your disability case to the administrative law judge in a way that is most favorable to your being approved for disability benefits.

The second scenario is that you have actually filed two separate initial disability claims and you have been denied both times. If this is your situation, you are wasting your time filing a new disability claim each time you are denied. You should instead file a reconsideration appeal if your last denial was received in the last 60 days. If not, you will need to file a new disability claim and get a decision.

If you are then approved for disability there is no need to consider another appeal, however if it is denied you should file your reconsideration appeal. Don’t be discouraged if your reconsideration appeal is denied because historically the approval rate for reconsiderations is about 10%.

Reconsideration appeals are sent back to the same state disability agency for a review of the initial determination. The decision will very likely be the same even though a different disability examiner makes the decision. The reason for this is that the first disability specialist, or examiner, made an error or your disabling condition has worsened so significantly that it changes the original decision.

Whichever scenario fits your particular situation, the fact remains that your disability claim has been denied multiple times, so it may take a hearing with an administrative law judge to improve your chances of receiving an allowance for disability.

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?

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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

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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

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Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

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Getting disability for fibromyalgia

SSI disability for children with ADHD

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

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Social Security Disability SSI definitions

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New and featured pages on SSDRC.com

Who can help me file for disability?

Related pages:

How long is the process to get Social Security Disability or SSI benefits?
The Social Security Disability Determination Process
Social Security Disability Approval Process
Questions about Disability Lawyers and Hiring a Disability Attorney
Tips for Getting Disability Approved When you File
How does a person get approved for disability

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

Do I need an attorney to win disability?
How Long Does It Take To Go Before A Judge For Disability?
Will a Judge give you an Immediate Decision at the Disability Hearing?
What happens when you go to a disability hearing?
Social Security Disability SSI and Medical conditions
Social Security Disability lawyer fee
Can a lawyer or attorney speed up my disability case?
When can I expect my first disability check and my back pay check?
Going to a medical exam for Social Security Disability or SSI
Filing for disability - How to file the disability application
Do you need a lawyer to file for disability?
How Far Back Can SSI Back Pay Be Paid?
Can you get temporary Social Security Disability or SSI benefits?
The Social Security Disability Award Letter
Social Security Disability SSI Eligibility Requirements
How Many Times Will you be denied before You Get Approved for Disability?
What makes you eligible for Social Security Disability or SSI?
How to Prove disability and qualify to win benefits
How to speed up the disability process
Social Security Disability Back pay and How Long it Takes
How to qualify for disability
What is the Social Security Disability List of Impairments?
What is considered a disability by Social Security?
How Long Does A Social Security Disability Appeal Take?
How does back pay for Social Security Disability work?
Your Social Security Disability Status
How do you find out if a disability claim has been approved or denied?
How to check Social Security Disability Status
Applying for disability, what medical conditions can you apply for?
How do you prove your disability case if you have a mental condition or impairment?
How much does disability pay?
Can I get permanent Social Security Disability or SSI?
How long will it take to get a disability decision letter?
How long does it take to be approved for SSI or Social Security Disability?
How Long to get a Disability Hearing decision?
How long to get disability benefits after you receive an award notice?
Social Security Disability and Working
What makes a person eligible to receive disability benefits?
How To Get Disability Through SSDI or SSI Approved
How Much Income Can A Person Earn If He Draws Social Security Disability?
Can I Qualify For Disability for Depression?

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.