Social Security Disability Resource Center

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Hearings | Appeals | List of Disabling Conditions

A disability claim can be appealed once, twice, even three times

The Social Security disability appeal process involves several levels of appeal for denied disability claims.

With each disability application that is filed, there are usually four levels of appeal that can be filed. In order, those are the reconsideration appeal (filed after an SSD or SSI application has been denied), the disability hearing appeal (filed after a reconsideration has been denied), the appeals council appeal (filed after a person has been turned down by a judge at a hearing), and federal district court (which is an action that is taken after a claim has been denied by the appeals council.

All of these appeals can be utilized by a claimant. However, since a person can file new disability applications and start the process over again, there is potentially no limit to how many appeals may be filed.

Disability appeals

If your initial disability claim is denied, you can file a reconsideration appeal if you disagree with your denial. This is known as a request for reconsideration.

If your reconsideration appeal is denied (and the chances are good it will be), then you can submit a request for a disability hearing.

What is the likelihood of having your reconsideration approved? It varies by year and by state. In some states, the odds of being approved for disability on a reconsideration appeal are much lower than in other states. Typically, however, you can expect a 10 to 15 percent chance of winning disability on a reconsideration.

Approval statistical data suggests an average of 90% of reconsideration appeals end with a denial. Frankly, this appeal is just a necessary step to the most winning level of the Social Security disability process, the Request for an Administrative Law Judge hearing (the disability hearing).

However, your disability can be denied at your disability hearing, after which you can appeal the judge’s decision with a Request for Appeals Council Review.

Most disability applicants file a new disability claim at this time; however some will take their disability claim to Federal Court if they are denied at the Appeals Council.

However, not all representatives handle claims at this level. Also, this is the level at which an unrepresented claimant cannot proceed unrepresented. It is also the level at which a disability representative must be an attorney.

In order to avail yourself of the protections provided by the Social Security appeal process, you must file your appeals timely. You have sixty days to appeal your disability claim from the date of your denial notice. Social Security gives you an extra five days for mailing, so you have 65 days total to file your appeal.

You can file it online or you can request paper forms. If you are not comfortable filing your appeal on your own, you should consider the services of a Social Security representative or attorney. You will not have to pay them a fee unless they win your disability case.

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  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center

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    Previously answered questions regarding SSD and SSI

    For Individuals living in North Carolina

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    Related pages:

    Filing a disability appeal is how most cases are won
    How Many Times Will Social Security Disability Deny You before You Get Approved
    Denied for disability, what to do
    Why are you denied the first time you file for disability?
    What happens if you get denied for social security disability three times?
    How do you find out if a Social Security disability claim has been approved or even denied?

    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?
    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?
    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?