Social Security Disability Resource Center
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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.
Social Security Disability and SSI Resource Center
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Winning Social Security Disability or SSI Benefits
The SSI Disability Benefits Program
Medical exams for disability claims
Applying for Disability in various states
Social Security Disability SSI and Doctors - Yours and Theirs
Social Security Disability and SSI Claim Reviews
Social Security Disability SSI System and Benefits for Children
Denials, Appeals, and Getting a Disability Lawyer or Representative
What you should know about Social Security Disability and SSI Denials
Questions about Disability Lawyers and Hiring a Disability Attorney
Frequently asked questions about getting Denied for Disability Benefits
FAQ on Disability Claim Representation
Disability hearings before Judges
Selecting and hiring Disability Lawyers
Various Types of Benefits including SSI, Mental, and Child benefits
Social Security and SSI based on Mental Disability
Social Security Disability or SSI Benefits for Children
Disability Benefits through Social Security
Filing for Social Security Disability or SSI Benefits
Social Security Disability SSI: Medical Evidence and Records
Filing your claim for disability benefits
Eligibility for receiving disability benefits
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
Resources on this site
Social Security Disability, SSI Terms and Definitions
Previously answered questions regarding SSD and SSI
About the Author of SSDRC, Tim Moore
For Individuals living in North Carolina
Applying for Disability in North Carolina
North Carolina Disability Lawyer
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
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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?