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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

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.








Essential Questions

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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

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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



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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?

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Options after Social Security Disability is Denied in Illinois

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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

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Disability denial in Illinois, when to get a lawyer

Social Security Disability Waiting period in Illinois

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Illinois disability hearings

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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




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Illinois disability denials

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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















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.