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

Receiving a Notice of Denial on a Social Security Disability or SSI Case

continued from: It is very important to Appeal a Social Security Disability Denial or SSI denial

The correct response to receiving a notice of denial on a disability case is the following:

1. If the claimant has representation, they should contact their representative and notify this individual that the case has been denied. In most cases, the representative will also be notified regarding the denial. However, the claimant may have received their copy of the notice first. And in some cases, the social security administration will fail to notify either the claimant or their representative. For this reason, when correspondence from SSA has been received it is always a good idea for the claimant to contact their disability attorney or non-attorney representative simply to ensure that both parties know exactly what is going on with the case.

2. If the claimant does not have representation, they should immediately contact SSA (their local social security office is preferable) and request that appeal forms be sent to them OR the claimant should go online to the social security administration's website and file an appeal online. Getting the appeal process started is very important. SSA gives claimants 60 days to file appeals. And for appeals that are submitted on paper (versus online), the social security administration allows an extra five days for mailing time.

However, despite having 65 days in which to submit an appeal for a denial on an SSD or SSI claim...many claimants miss the deadline. Why? Sometimes, the answer is procrastination. But sometimes the individual may have conditions that interfere with their ability to get things done on a timely basis such as memory loss, or depression or anxiety, or even physical issues involving mobility or pain. Individuals in these situations often benefit from having a disability representative simply to ensure that deadlines are properly met. However, there is another reason for having a disability lawyer and that is number 3 on this list.

3. If the claimant does not have representation at the time that they receive a notice of denial, they should seriously consider getting representation. This is because those who are denied on a disability application and wisely choose to file the first appeal, the request for reconsideration, will stand an 85-87 percent chance of being denied on their reconsideration appeal. Reconsiderations are not generally a good opportunity for claimants to be approved. However, individuals who complete the reconsideration stage are then allowed to file the next appeal, which is a request for a hearing before an administrative law judge.

The social security hearing presents, for those who have representation, a greater-than-sixty-percent chance of being approved for benefits. And this is, of course, why it is very important to appeal a denial of an SSI or SSD disability application--because starting the appeals process can eventually lead to a hearing where the chances of receiving an approval are actually fairly high.

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

Related pages:

Social Security Notice of Denial for a Disability Application or Appeal
Receiving a Notice of Denial on a Social Security Disability or SSI Case
The Social Security Disability Denial Letter
Is there a Letter showing the reasons why I was denied for disability?
If you receive a Social Security Denial Letter, file a prompt appeal and do a followup on it
What if you Receive a Disability Denial from Social Security?
Can you get disability benefits while you wait for your hearing to be scheduled?
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