Social Security Disability Resource Center

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Hearings | Appeals | List of Disabling Conditions

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.

  • 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

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    Social Security Disability SSI System and Benefits for Children

    Denials, Appeals, and Getting a Disability Lawyer or Representative

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    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:

    The Social Security Disability and SSI Application and Appeal Process
    Can You Work While You Appeal Your Social Security Disability Decision?
    Winning a Social Security Disability Appeal or SSI Appeal
    If Your Disability Benefits Are Stopped Can You Get Them While You Appeal?
    How Long Does It Take To Get SSDI If You Have To Appeal?
    Getting disability approved in Florida
    Getting a Disability Lawyer in Florida
    Qualifying for SSDI in Florida

    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?
    Social Security Disability SSI and Medical conditions
    Social Security Disability lawyer fee
    Can a lawyer or attorney speed up my disability case?
    When can I expect my first disability check and my back pay check?
    Going to a medical exam for Social Security Disability or SSI
    Filing for disability - How to file the disability application
    Do you need a lawyer to file for disability?
    How Far Back Can SSI Back Pay Be Paid?
    Can you get temporary Social Security disability or SSI benefits?
    The Social Security Disability Award Letter
    Social Security Disability SSI Eligibility Requirements
    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?
    How to check Social Security Disability Status
    Applying for disability, what medical conditions can you apply for?
    How do you prove your disability case if you have a mental condition or impairment?
    How much does disability pay?
    Can I get permanent Social Security Disability or SSI?
    How long will it take to get a disability decision letter?
    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?