Overview of Disability
Disability Back Pay
Disability Advice Tips
How long do cases take?
How to win Disability
SSD Mistakes to avoid
Disability for Mental
What if you get denied?
How to file Appeals
Disability through SSA
SSI Disability Benefits
Disability for Children
How do I qualify for it?
Working and Disability
Disability Award Notice
Disability Lawyer Q&A
Disability Conditions List
What is a disability?
Your Medical Evidence
Filing for your Disability
SSD SSI Definitions
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SSDRC Disability Blog
Appealing a denial of Social Security Disability Benefits when the denial is non-medical
Nine times out of ten, a person who has received a denial of social security disability benefits would be wise to follow the disability appeal process versus starting from scratch and filing for disability again.
The reason behind this is fairly clear: individuals who are given denials and who then submit fresh applications are typically denied again.
In the large majority of cases, appealing a denial will simply be more practical and will put a disability claimant in a better position to eventually win their disability benefits (I say "eventually" because disability appeals can take months).
And, of course, there is the issue of time. Since the disability process already consumes a great amount of time, starting with a new disability claim--that will probably be given a denial--insteading of submitting an appeal usually amounts to a large waste of very valuable time.
However, having said that, there are instances in which appealing a denial of social security disability benefits is not practical and not the best option. And, generally, this is the case when a claim has been issued a denial on the basis of non-medical criteria.
For example, if a person files for disability and it turns out that they are not eligible to apply based on income (you can apply for disability even if you are working, but your income must fall below a certain threshold called SGA, or substantial gainful activity), they will be issued a technical denial.
In such cases, a person's claim is not reviewed medically---i.e., the medical records are NOT gathered and a medical determination is NOT made. Therefore, in such cases, there is really no point in appealing a denial (a technical denial) and it simply makes more sense to file a new disability application with the social security office.
However, in most cases, a denial will be issued after a medical determination has been made and, therefore, most denials should be appealed.
Return to: Social Security Disability Resource Center, or read answers to Questions
Applying for disability with seizures
Financial advice while waiting for disability to be approved
Applying for Social Security Disability with Cushing's syndrome
Where do I call to learn what is happening on my Disability Claim?
How to file for disability in Utah
Help your disability case with a congressional inquiry
How to file for disability in Maryland
Time on a Social Security Disability Decision
When to apply for SSI
Should I get a lawyer after being denied at a hearing?
Proving you are disabled for Social Security Disability SSI
How to apply for disability for a child or children
How much does disability pay?
How long will you get disability after an award notice?
If Social Security sends you to a psychiatrist
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
Social Security Disability attorneys and representatives
What is the status of your social security disability or SSI case
Rules and requirements to apply for disability
Will I qualify for disability?
Apply for disability for any medical condition
Steps and Tips for requesting a disability hearing
If your disability claim is approved or denied
Social Security Award letter for SSD, SSI
Temporary Social Security Disability SSI
Social Security Disability SSI reviews
How social security evaluates attention deficit
Filing for disability with Post polio syndrome
Tips for Getting Disability Approved
How far back Social Security will pay SSDI or SSI
SSI award notices are received by approved claimants
Winning and getting disability with a mental condition
Getting disability for rheumatoid arthritis
Can you work if you get Disability?
Who qualifies for SSI and how
How to file for disability and where to apply
Conditions that may qualify as disability
Denied on a disability application
Answering questions at a Social Security Disability hearing