Appealing if your disability is denied on an appeal
Disability appeals are available for those who are denied on their application for disability. Unfortunately, the majority of applications are denied. This tends to be approximately 70 percent nationwide, though the rates of denial exceed this in some states. Unfortunately, as well, most first appeals are denied. For individuals who are denied on their first appeal, which is the request for a reconsideration, the second appeal is a request for a disability hearing, where the chances of approval are much better, particularly when an individual is well represented by an experienced disability attorney or non-attorney representative.
So, anyone who is denied on their SSD or SSI appeal should not be overly concerned. Reconsideration appeals usually have more than an 80 percent denial rate. Yes, the rate of denial on this first appeal is notably higher than on a disability application. But this makes sense if you consider the fact that the reconsideration is decided fairly quickly after the case has been turned down the first time. Typically, not much has changed when it comes to medical evidence in those few weeks of time between the application and the the first appeal.
Disability appeal-related pages:
1. How to Appeal a disability claim denial from Social Security
2. Will I be approved for disability on my appeal?
3. How long does a disability appeal take
4. What is the process to file a Social Security Disability appeal?
5. How do you file a reconsideration appeal
6. Does The Social Security Reconsideration Take as Long As The Disability Application?
7. What does a reconsideration appeal involve?
8. The Administrative Law Judge Social Security Disability Hearing
9. Waiting for a Hearing to be Scheduled before an ALJ, Administrative Law Judge
Now, if you have not been denied yet, the following information on appeals is for you.
If you are denied for Social Security Disability but you are not able to work, you have only two choices. You can give up on disability or your can begin the Social Security Disability appeal process. This process is often not easy and it takes time, but if you are not able to work due to a disabling condition you should work on getting your disability benefits. You do this by filing a reconsideration appeal to disagree with the your initial disability claim decision.
Most often reconsideration appeals do not result in an approval for disability benefits, because these decisions are simply based on a review of the initial disability denial by another disability examiner at the same agency. If the initial disability examiner made no error and you have not presented new and convincing evidence, it is likely your reconsideration will be denied as well.
In fact, for most disability applicants the reconsideration appeal is just a necessary step toward their Administrative law judge hearing. So if you are one of the many whose reconsideration appeal is denied, you should waste no time filing your Request for an Administrative Law Judge hearing. This level of the Social Security Disability process has the highest chance for an approval of disability benefits.
If you determine you are going to begin the Social Security appeal process you should remember that you have a 60 days appeal period. Social Security allows an additional five days for mailing, so you have 65 days from the date of your denial notice to have your appeal sent into Social Security. You can file your appeal online or by completing the necessary paper forms.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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