Social Security Disability Resource Center

Overview | How to Qualify | Applications
Requirements | How long it takes | Back Pay
Mental Disability | What is a disability? | Tips
SSI Benefits | How to Win | Disability Awards
Hearings | Appeals | List of Disabling Conditions

What to do (forms to complete) if you receive a Denial on a Social Security Disability or SSI Case

If you file for either social security disability or SSI disability and you receive a denial on your claim, you will need to file an appeal, or have your disability representative (who can be a social security attorney or a non-attorney claimant's representative) do this for you.

If you are represented, you will not have to complete the paperwork yourself. You should, however, immediately notify your representative as soon as you receive notification of your denial (i.e. the notice of disapproved claim) in the mail.

Reason: when you have a representative, that individual and you should always stay equally current as to what is happening on the claim. SSA (the social security administration) is obliged to send copies of any notices that have been sent to you to your representative as well. However, this does not always happen. Therefore, it is always good practive to call your representative as soon as your receive a written notice from SSA...just on the odd chance that the representative does not receive their copy.

Once your representative becomes aware that a denial has occurred on your case, they will (within the alloted deadline) send in the appropriate appeal forms. They should also make two copies, one for their file (this, of course, makes it much easier to track the development of the case since a paper trail and timeline can be established this way), and one to mail to you, the client, for your own records.

Note: if the 60 day deadline for the filing of the appeal is nearing its end and you still have not received your copy of the appeal paperwork, call your representative's office to make sure your appeal has not fallen through the cracks.

If you are not represented at the time that you receive notification of a denial on a disability claim, then you should immediately contact your local social security office to request appeal forms, or visit the SSA website to file the appeal online. A third option, if it is convenient, would be to visit the local social security office to notify them of your intent to appeal, and to pick up the forms personally.

The most important thing to note with regard to appeals is that the appeal must be filed timely. This means that SSA must receive the appeal by the 65th day from the date of the denial notice (60 days to appeal, plus the extra five days that social security allows for mailing time) in one of their offices. If the appeal is not received by the 65th day, and the claimant does not have good cause for filing a late appeal, they will be forced to begin with a new claim (and lose valuable months of processing time on their case).

Individuals who file their own appeals will be required to fill out a number of appeals. Those who have been denied on a disability application will need to complete a form SSA-3441-bk. This is the disability report form, essentially the same form that was completed on the disability application; however, this one is used for an appeal. The claimant will also need to complete a form SSA-561-U2. This is the actual appeal, which in this case is called a Request for Reconsideration.

Along with these two forms (the SSA-3441-bk disability report and the SSA-561-U2 request for reconsideration), the claimant will need to submit signed release forms so that the social security administration can request medical records. Releases are known as form SSA-827.

Note: claimants who decide to do a reconsideration appeal online should remember to print out at least two SSA-827 forms and sign them. Without these releases, the social security office cannot transfer the appeal to Disability Determination Services where it would be assigned to a disability examiner for processing.

Those who have been denied on a reconsideration appeal and who are not represented will need to file the next appeal which is a request for a hearing before an administrative law judge. This means they will need to complete the disability report as well (form SSA-3441-bk) but also the actual request for the hearing, form HA-501 (Request for Hearing by Administrative Law Judge).

Again, as with the request for reconsideration appeal, this appeal should be submitted within the allotted appeal period (60 days plus five days for mailing from the date of the denial notice).

  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved

  • 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

    Related pages:

    Social Security Disability Medical Evaluation Form, Can A Doctor Be Forced to Complete One?
    Disability Attorneys- Will they do your forms for you?
    What to do (forms to complete) if you receive a Denial on a Social Security Disability or SSI Case
    How does a Medical Source Statement (RFC Form) help win a Social Security Disability or SSI Claim?
    What Forms will I need to Complete when I apply for disability?
    Can I get disability with anxiety, IBS, asthma, migraines, OCD, bad vision, and depression?
    Can you get disability benefits while you wait for your hearing to be scheduled?
    If I get approved for disability on the second application
    Social Security Disability, medium work, and your records
    SSD, SSI, and medium, light, and sedentary work
    What Does Social Security Consider To Be a Disability?
    How to file a disability appeal in New Jersey
    If you apply for disability in in New Jersey

    These pages answer some of the most basic questions for individuals who are considering filing a claim.

    Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
    How to Apply for Disability - What medical conditions can you apply and qualify for?
    Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
    What happens if I file a disability application and it is denied by a disability examiner or Judge?
    How to Prove you are disabled and qualify to win disability benefits
    How do you prove your disability case if you have a mental condition or impairment?
    Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
    Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria