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
Social Security Disability Denial in Florida
Unfortunately, denials are just a part of the Social Security Disability process. In fact, more individuals are denied at both the initial disability claim and reconsideration appeal levels than are approved. National statistics indicate that about sixty-five percent of all initial disability claims are denied and about eighty-five percent of all reconsideration appeals are denied.
In Florida, only about 27 percent of all disability applications are approved, while first appeals, i.e. requests for reconsideration, are approved only 9 percent of the time.These statistics make it seem impossible to be approved for disability benefits.
Individuals, however, who follow the Social Security Disability appeal process are much more likely to receive disability benefits than those who file endless initial disability claims (meaning those who continually file brand new claims instead of utilizing their appeal rights). So, how does the appeal process work?
If an individual receives a denial of a disability claim, they have sixty days to appeal that denial. Actually, they have sixty-five days from the date of the denial notice to file their reconsideration appeal. Reconsideration appeals are often denied because they are basically just a review of the initial disability claim decision.
Of course, a different disability examiner makes the reconsideration appeal decision, but the guidelines used to deny the initial disability claim are the same and the same state disability-processing agency will be making the decision. And it is reasonable to assume that it is highly unlikely that another disability examiner is going to come to a different decision.
Unless, of course, there is new medical evidence to suggest that an individual is disabled, or that the disability examiner who made the initial disability decision made an error. Both of these situations are rare which might explain the dismal approval rate of the reconsideration appeal level.
The best way to look at a reconsideration appeal is that, if denied, the disability applicant is one step closer to the most winning level of the disability process, which is an ALJ hearing. After the reconsideration appeal, an individual can request a disability hearing with an administrative law judge, or ALJ.
The national average for approvals at the disability hearing level is about sixty-six percent. Consequently, individuals who appeal their initial disability claim denial through to the level of the administrative law judge disability hearing are much more likely to be approved for disability along the way than those who file multiple initial disability claims.
So does it matter if an individual gets denied at their reconsideration? Of course, it is never great to be denied for disability and it causes most disability applicants to have a lot of emotional duress.
However, if an individual sticks with it and files a hearing appeal after a denial of a reconsideration, they are likely to be approved for disability benefits, provided that their case is well documented and properly presented to the judge at the hearing.
Sometimes, in fact, that is the only positive thing about a reconsideration appeal (because you can only request a hearing after your first appeal, the reconsideration, has been denied).
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?
Will I Qualify For Disability Benefits in Florida?
File for disability in Florida
How do Disability Lawyers in Florida get paid their fees?
Get a disability lawyer in Florida
Social Security Disability or SSI Claim Status in Florida
If you get Denied for Disability in Florida and have to file an appeal
Can A Disability Attorney in Florida Guarantee That I Get A Social Security Approval?
When you file for disability do you have to see their doctors?
Getting a Disability Lawyer in Georgia
Denied Disability Appeal Georgia
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
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.