Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

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

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

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).

Return to:  Social Security Disability Resource Center, or read answers to Questions

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?

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 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