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
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.
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.
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?
What kind of Mental Problems Qualify for Disability?
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
Can a mental illness qualify you for disability?
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
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
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?
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.