Being denied disability the first time you file
Social Security does not have any kind of rule or process that mandates that all disability applicants be denied the first time they file. When you consider that about 70% of initial disability claims are denied it is easy to see why it seems like nearly everyone is denied the first time around.
While it is difficult to be approved for disability at the initial disability claim level it is not impossible. There are a few ways that a disability applicant will be approved for disability benefits the first time they file.
1. If a disability claim involves a terminal medical condition the claim will result in an approval and the case will receive expedited processing
2. If claimant has a condition that is listed on Social Security's Compassionate allowances list.
3. The claimant has a disabling condition that is so severe that it meets or equals a Social Security Disability impairment listing.
4. A claimant's condition is so severe that while it does not meet any of the above situations, it renders them unable to do any of their past work or any other kind of work.
Still about 70% of all disability applicants are denied disability the first time they file and there is no one reason for this. As I stated there is no rule or law that requires a denial of all initial claims. Perhaps, it is that many initial disability claims involve younger individuals who have a more difficult time being approved since Social Security Disability medical vocational guidelines generally benefit individuals who are 55 years old or older.
If your initial disability claim is denied you should use the disability appeal process rather than file a new disability claim. If you file a new disability claim it is likely to be denied because nothing will have changed. Also, you will lose some of your potential back payment of disability benefits. The best way to keep your disability claim going in a forward manner is to appeal it all the way to a disability hearing if necessary. In fact, administrative law judge disability hearings result in more approvals for disability than any other level of the Social Security Disability process.
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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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