If your disability claim is denied, file an appeal
Well you should not be discouraged if your initial disability claim is denied because the majority of initial disability claims are denied. In fact, about seventy percent of all initial disability claims are denied. So what should you do if you are still disabled and Social Security denies your disability claim?
The answer to this question is simple. The most advantageous way to proceed is to file a reconsideration appeal. This protects your filing date that in turn protects any back payment of disability benefits you might receive. That being said, you have an even less chance of being approved for disability with your reconsideration appeal. Roughly twelve percent of those who file a reconsideration appeal will see their decision being reversed to an approval. The reason being, reconsideration appeals are sent back to the same disability agency for processing, therefore the decision is likely to be same. Generally, reconsideration approvals are the result of a claimant's medical condition worsening or the disability specialist made an error on the initial disability claim. It is much more likely that the claimant's medical condition has worsened rather than the disability specialist making an error that would result in an approval. Most of the time the reconsideration appeal is just another step toward the appeal that will give you your best chance of being approved for disability benefits.
If your reconsideration appeal is denied, your next appeal is a request for an administrative law judge to review your disability case. Administrative law judges have to follow the same guidelines and rules, but there is a difference. Administrative law judges are single decision makers and they are freer to consider all aspects of your disability claim. They can utilize vocational experts to actually consider your chance of being gainfully employed with the limitations imposed by your disabling condition.
However, there is still a chance of being denied, so you may want to consider getting professional representation to help you with this appeal. Social Security Disability attorneys and professional non-attorney representatives know Social Security case law rulings and vocational guidelines that may allow them to present your disability case in a way that is most favorable to your being approved. It takes along time to get to a hearing and you will want the best chance of winning your disability case.
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These pages answer some of the most basic questions for individuals who are considering filing a claim.
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