Options after Social Security Disability is Denied in Illinois
If your Social Security Disability claim has been denied in the state of Illinois, you have three options. You can appeal your disability claim denial, file a new disability claim, or chose not to pursue your disability claim.
If you are still unable to work because of your disabling condition, there is no reason not to pursue disability. So you really have two choices--file an appeal or file a new disability claim. In my experience as a disability examiner, there is no reason to file a new claim if you are able to appeal your initial disability claim denial.
Statistically, you stand a better chance of being approved for disability benefits sooner if you use the Social Security Disability appeal process in Illinois rather than beginning again with a new disability claim. Brand new claims are practically guaranteed to be denied as was the case with the first claim.
And this is logical: if your disability claim decision was considered to be correct according to Social Security guidelines, a new and second disability claim would receive the same decision and you would be no closer to being approved for disability benefits.
The best option you have after your disability claim denial will almost always be an appeal. The only instances in which filing an appeal would be impractical would be when the initial claim denial happened as a result of a non-medical issue, such as the claimant being engaged in work activity, or having too much in assets. In such cases, there is no point in filing an appeal.
Resources a.k.a. assets, however, are only a consideration under the title 16 SSI program; under SSD, or Social Security Disability, an individual's assets will not prevent them from being eligible for disability benefit since SSD is based solely on insured status (basically, you are eligible for consideration if you worked long enough to become insured for benefits).
The first appeal - The request for reconsideration
Unfortunately, the first level of the appeal process in Illinois offers less of a chance for an approval than your initial disability claim. However, it is a necessary step to getting to what is your best chance of being approved for disability benefits.
What do we mean by this? If you are not approved at the reconsideration appeal (only 10 ' 15 percent are approved), your next appeal is a disability hearing appeal. Administrative law judge disability hearings offer the best chance of an approval for disability benefits. In fact, about sixty-five percent of all disability hearings result in an approval.
Filing appeals in Illinois
If you choose to appeal the denial of your disability claim, you can file your appeal online or through your local office. You are allowed a sixty-five day appeal period that begins with the date of your denial notice (sixty days "official days" plus the extra five they give you for the mailing of your decision letter) to get your appeal to Social Security.
If you have a disability lawyer or representative handling your case, they will make sure all of your appeals are filed timely. If you are handling your own appeal, make sure you file it timely; if your appeal is not filed on time you may have to begin the disability process again.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
Most popular topics on SSDRC.com
Social Security Disability in North Carolina
Common Mistakes to avoid after being denied for Disability
Tips to Prepare for Filing for Social Security Disability or SSI
Advice to Win SSD and SSI Benefit Claims
Social Security Disability SSI Questions
What is the difference between Social Security Disability and SSI?
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?
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
What makes you eligible for Social Security Disability or SSI?
Filing for disability in Illinois
Applying for disability in Illinois
How do you apply for Social Security Disability or SSI in Illinois
Filing for disability in Illinois, when to file
After you apply for Social Security Disability or SSI in Illinois
Are you automatically denied for SSDI or SSI in Illinois when you first apply?
Filing Illinois request for reconsideration after denied
Will I Qualify For Disability Benefits in Illinois?
Options after Social Security Disability is Denied in Illinois
Hiring a Qualified Disability Lawyer in Illinois
Do you need a lawyer for a Disability Claim in Illinois?
Disability attorneys, lawyers in Illinois
Choosing a Disability Attorney in Illinois
What will an Illinois disability attorney do?
Will hiring a disability attorney in Illinois get me a disability award?
Social Security Disability Representatives and help in Illinois
Social Security Claims and Disability Lawyers in Illinois
Illinois disability appeals
Filing a disability appeal in Illinois
Which disability appeal to file in Illinois
How many disability appeals do you get in Illinois?
Getting a Disability Appeal on time in Illinois
Eligibility, approvals, and qualifications in Illinois
How to Qualify for Social Security Disability or SSI in Illinois
Can a Specific Medical Problem get you Approved for Disability in Illinois?
Eligibility and Qualifications for Disability in Illinois
Can you get disability approved in Illinois at the reconsideration level?
Miscellaneous questions about SSD SSI in Illinois
Can you get disability in Illinois on your first try?
How many Social Security Disability and SSI cases get denied in Illinois?
Disability denial in Illinois, when to get a lawyer
Social Security Disability Waiting period in Illinois
Will I lose my SSDI SSI disability benefits in Illinois when my case is reviewed?
Illinois disability hearings
How to Prepare for a Disability Hearing in Illinois
Odds of disability approval in Illinois better at a hearing vs reconsideration
Illinois disability attorney representation after being denied
Illinois mental disability
Approved for disability in Illinois with a mental condition
Mental testing for an SSDI or SSI disability claim in Illinois
Filing for Disability with depression in Illinois
Illinois disability decisions
Who makes the SSD or SSI decision in Illinois
How long does it take to get a disability decision in Illinois?
What is the Social Security Disability decision making process in Illinois?
Illinois disability, working and work credits
Work credits in Illinois to be covered for Social Security Disability
How to get your disability status in Illinois
If you get and receive disability benefits in Illinois, can you work?
Can you apply for Social Security Disability or SSI in Illinois if you are working?
Illinois disability denials
Why is Social Security Disability and SSI Denied in Illinois?
Denied on a Disability Reconsideration in Illinois
Illinois Disability Claim was Denied, Should I Reapply?
Denied the second time for Social Security Disability in Illinois