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
My Social Security Disability claim was denied for the second time, what do I do?
I've come across this question enough times to know that, before I can give the individual an answer, I need them to clarify what they meant---because the answer to the question will depend on whether the questioner meant to say:
A. They were denied on their second Social Security Disability application.
B. They were denied on their first appeal, which they filed following a denial of their Social Security Disability (or SSI) application.
The distinction is very important, but, unfortunately, more than a few individuals get confused in this area. In fact, some individuals do, in fact, believe that when they file a brand new disability application that they are filing an appeal.
This is absolutely not the case. A new disability application is simply a new disability application and has nothing to do with a prior application. And, in most cases, it can disadvantage a claimant if they decide to start over with a new application.
Why? Because, by doing so, they give up their right to file an appeal. And appeals are almost always the best route to follow, because by following the appeal system, a claimant can get their case before a judge and, typically, have their best chance of being approved for Social Security Disability or SSI disability.
So, what is the answer, or, rather, what are the answers to the question?
Well, if an individual is denied on a disability application, they should file for the first appeal that is available to them. This is known as a reconsideration in most states. To request this appeal, simply contact your local social security office and request the appeal (so they can send you the proper forms) or, if you have representation, have your lawyer submit your appeal paperwork for you. Or the appeal can be done online, by you or your representative.
If an individual is denied on this appeal (which is usually what most people mean when they state they have have been "denied for the second time"), then the next course of action should be to request a hearing before an administrative law judge.
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These pages provide answers to basic questions about pursuing disability benefits
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Permanent Social Security Disability
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Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
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Filing and applying for disability in Texas
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.