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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.

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  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center

    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Medical exams for disability claims

    Applying for Disability in various states

    Social Security Disability SSI and Doctors - Yours and Theirs

    Social Security Disability and SSI Claim Reviews

    Social Security Disability SSI System and Benefits for Children

    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney

    Frequently asked questions about getting Denied for Disability Benefits

    FAQ on Disability Claim Representation

    Disability hearings before Judges

    Selecting and hiring Disability Lawyers

    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security

    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits

    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

    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI

    For Individuals living in North Carolina

    Applying for Disability in North Carolina

    North Carolina Disability Lawyer

    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