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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

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

Related pages:

How can I win Social Security Disability benefits?
How do you Win Benefits under Social Security Disability or SSI?
What kind of cases win disability benefits?
How Likely are You to Win Your Disability Case?
Winning a Social Security Disability Appeal or SSI Appeal
What Will a Disability Lawyer Do to Win a Social Security Case?
What are the chances of winning a Social Security Disability Benefits hearing?
Preparing for a Disability Hearing to Win Social Security or SSI Benefits
If I get approved for disability on the second application
Winning Social Security Disability Benefits For Mental Disorders
Can I get disability with anxiety, IBS, asthma, migraines, OCD, bad vision, and depression?
What medical conditions get you approved for disability?
Social Security Disability qualifications
How to claim disability benefits

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