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
To win Disability benefits, you may have to appeal a denial
This title of this post would seem obvious. However, a significant percentage of applicants for Social Security Disability and SSI benefits do not appeal their claim after they have have received a notice of denial.
As a disability examiner working on SSD and SSI claims at disability determination services (the agency that makes disability claim decisions for the social security administration), I was able to see, firsthand, that an astonishing number of cases are turned down and are never appealed. What happens to those cases? They generally fall into one of the following categories.
1. The applicant is denied for disability benefits and then gives up entirely.
2. The applicant decides to do nothing after they receive their notice of denial, basically allowing their appeal period to expire (the appeal period is sixty days from the date of the denial). In some cases, those same individuals decide that this was a bad move on their part and later decide to revisit their case.
However, at that point, they learn that their claim is effectively dead in the water and that they must start fresh with a brand new claim...which includes having to go through another disability application interview, filing out the forms for a new claim, possibly being sent to consultative medical exams once again, and having to wait weeks or months to receive another decision.
3. The applicant decides "to appeal" but somehow proceeds from the mistaken assumption that starting a new disability application is the same thing as filing an appeal. As a disability examiner, I saw this phenomenon occur thousands of times.
Why does it happen? I frankly do not know. It may be that many individuals simply do not understand that they are allowed to appeal a denial of a claim. Others may not understand that appealing is far more beneficial than starting a new claim because it dramatically improves the chances of being approved for benefits. And others...may actually think that when they are initiating a new claim, they are doing the same thing as appealing. And this is absolutely not the case.
Individuals who receive a notice of denial and then pass up the chance to file an appeal, instead choosing to start a new disability application will simply get denied again.
On the other hand, individuals who decide to utilize the appeals process will eventually get their case heard by an administrative law judge (ALJ) at a hearing and will probably be approvedn -- even more likely if they are represented by someone who has done the proper preparation on their case and effectively presents their claim before the ALJ (administrative law judge).
continued at: Receiving a notice of denial on a disability case
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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.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
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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?
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.