Social Security Disability Resource Center

Overview | How to Qualify | Applications
Requirements | How long it takes | Back Pay
Mental Disability | What is a disability? | Tips
SSI Benefits | How to Win | Disability Awards
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.








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



    New and featured pages on SSDRC.com

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    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    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






    For Individuals living in North Carolina

    Applying for Disability in North Carolina

    North Carolina Disability Lawyer




    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?