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Disability appeals should be filed nearly everytime, and quickly
A page provided by an online publisher makes some very good points about appealing a Disability Denial of Social Security Benefits. It also makes some flubs and gives out some fairly useless advice about appealing a social security denial.
Where do I begin? One line of the page says (I'm paraphrasing) "If you don't truly have a condition that qualifies for disability benefits, don't waste your time by filing an appeal".
I have to admit I'm flumoxxed by this statement. How is a disability claimant supposed to discern whether or not they truly qualify for disability according to the rules of the social security administration when social security does not make an attempt to explain to claimants how the system works and what the various requirements for approval are? And why should they assume, if they've been denied for disability that the decision was a good one when so many claims that are appealed are later approved, i.e. the denials are overturned?
Here's the truth of the matter: if you get denied for disability, either SSD or SSI, you should appeal. Because though most claims get denied early in the process, the majority of claims that are appealed to the disability hearing level are also approved. It would be foolish to simply assume that a denial on a claim was made accurately and a claimant should never accept a denial on an initial claim as the final word. In fact, it's the rare instance in which appealing a disability denial will not make the most sense.
Another statement made by the publisher's page that I'd like to take issue with is this (again, I'm paraphrasing): "In many instances, your disability appeal should only require explaining why the information you originally presented on your disability application really does qualify you for disability benefits".
From the standpoint of actually having worked on disability cases as an examiner, I can say that this is a completely ignorant statement. Guess what, if you file your first appeal (a request for reconsideration) and provide no new information regarding your condition, you will simply be denied again. Now, the truth is, if you do provide additional information you will, most likely, also be denied again, simply because more than 80 percent of first appeals are turned down. However, filing an appeal with no new information and using the appeal as an opportunity to explain why you think you should have been approved the first time...will not result in an approval on the appeal.
You really have to wonder where people come up with this sort of information, you really do. This type of information simply does not help applicants and recipients. And this is why my positions will always be the following:
1. If you receive disability benefits and have a question, call your local social security office. Don't rely on information from a friend, neighbor, or relative. They won't be able to give you a proper answer.
2. If you receive a disability denial and have to request a disability hearing get a representative. It would be foolish to try to represent your own case before an administrative law judge.
3. If you get denied for disability, always appeal and do it immediately, well before the 60 day deadline to file your appeal passes.
Return to: Social Security Disability Resource Center, or read answers to Questions
How long for a disability judge to make a decision?
While you are in your disability interview
The SSD and SSI definition of disability
How to file for disability in New Hampshire
Will a Disability Lawyer decline taking your disability case?
Picking the right disability attorney
Free Legal Representation for Social Security Disability or SSI claims
Will I Qualify For Disability Benefits in Alabama?
Can You Apply For Disability Benefits When You Lose Your Job?
How to file for disability in Washington
Why do I keep getting denied for disability?
Disability claim at reconsideration appeal level
If approved at a disability hearing, when do you get a letter or check?
What to say at a Social Security Exam
Can you qualify for disability with a bulging disc?
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | 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 | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages provide answers to basic questions about pursuing disability benefits
Getting a disability approval
How to appeal disability denial
Disability hearing results
Helpful tips for going to social security disability hearing
SSDI hearing decision
Denied social security disability now what
Social security disability appeal status
Social security disability appeal attorney fees
I was denied social security disability for the 2nd time
What happens after a disability hearing has been held
How long does a Social Security Disability judge have to make a ruling?
The Social Security Disability Blue book
How to get an SSDI reconsideration approved?
Conditions that get approved for disability
Social security disability back pay status
Denied social security disability appeal
What to say at a disability hearing
Filing for disability with fibromyalgia
Tips for applying for disability