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Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

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Your Medical Evidence

Filing for your Disability

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SSD SSI Definitions



Recent Questions

SSDRC Disability Blog

When should you appeal a disability claim denial?




 
There are two ways to approach this issue. The first is “In which situations should you file an appeal of a disability denial?” The second approach concerns the time limit for filing a disability appeal.

Let’s discuss situations for doing appeals first. In most cases, an appeal will be the thing to do if you want your case to move forward and you want to save time. In other words, if you get denied and instead of filing an appeal decide to start a new disability application, you should be advised that your case will most likely be denied again. That means wasted time and more total time before you finally get approved for benefits. Appeals are almost always preferable to doing a new claim.

Are there situations in which you should not do an appeal? Yes. If you were denied for disability because you were working and earning too much, it will not make sense to appeal this. If you were applying for SSI which takes into account assets and your assets were over the limit (currently the limit is $2000), then it wouldn’t make sense to appeal this either. Finally, if you were denied because of failure to cooperate, such refusing to go to a scheduled medical exam, there is no point in filing an appeal.

Appeals should be done when your case was denied on the basis of the medical evidence.

Now, as to time limits, if your disability claim is denied for medical reasons, you should appeal as soon as you possibly can. You have a 60 day appeal period from the date of the denial letter to file a request for reconsideration. In fact, Social Security gives you an extra five days to account for mailing, so it is actually 65 days.

If your reconsideration appeal is denied, you have the same appeal period to file the next appeal, which is your Request for an Administrative Law Judge appeal. And, if your hearing is denied you can file an “Appeals Council Review” appeal.









Return to:  Social Security Disability Resource Center, or read answers to Questions








Related pages:

Social Security Disability and SSI Application and Appeal Process
How do you find out if a Social Security disability application has been approved
What happens if you get denied for social security disability three times?
Social Security disability reconsideration appeal
How Many Times Will Social Security Disability Deny?
How Long Are You Given To Appeal Your Social Security Disability Denial?
What Are the Chances of Winning an SSA Disability Appeal?



Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | 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 | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


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
What should you say if you go to a Social Security Exam?
Maximum back pay you can get from Social Security Disability or SSI
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?
Social Security Disability and SSI Medical Exams
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?
Partial disability benefits from Social Security
Can I Qualify For Disability for Depression?