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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

How do Social Security Disability and SSI appeals work?



 
If your initial Social Security Disability claim is denied, you must contact the Social Security Administration and file an appeal. You must file your appeal within the appeals period (you have sixty days from the date of your last denial to file a disability appeal); if you are late you may have to start the disability process again with a new claim.

Once you have filed your appeal, your disability claim will go back to the state disability agency (in many states, this agency is known as DDS) for another decision with a different disability examiner.

However, do not be discouraged if you do not receive an approval. Even though the claim has a different decision maker on the appeal, the fact is that the rules for processing the disability claim remain the same. This makes it likely that the first appeal you file (known as a request for reconsideration) will be denied. In fact, in many states eight or nine out of ten reconsiderations are denied.



If your reconsideration is denied, you must file a hearings request with the Social Security Administration. This appeal is formally known as a request for hearing before an administrative law judge. Administrative law judges hold hearings at which claimants and their disability attorneys may appear. This is very unlike the application level or the reconsideration level in which the claimant never gets to see the decision maker for their SSD or SSI case.

Disability judges, i.e. administrative law judges, are allowed to take more factors into consideration while making their decisions and they are not bound by the strict rules and regulations that the state disability agency uses. What does this mean? It means more disability claim approvals.

For example, while only about a third of all disability applications are approved at the first step in the process, disability judges typically approve more than half of all cases heard by them. And this percentage is even higher for claimants who go to hearings with attorneys.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

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Who can help me file for disability?




Related pages:

The Levels Of The Social Security Disability and SSI Application and Appeal Process
How does the Social Security Disability Appeal Process work?
Is it better to appeal or file a new claim if your disability is denied?
How Long Are You Given To Appeal Your Social Security Disability Denial?
How Long Does a Social Security Disability or SSI Appeal Take?
Will I be approved for disability on my appeal?
What Happens If I Miss My Social Security Disability Appeal Date?
How Do I Find Out How My Disability Appeal Is Going?
Can You Work While You Appeal Your Social Security Disability Decision?
How Long Does It Take To Get SSDI If You Have To Appeal?
If Your Disability Benefits Are Stopped Can You Get Them While You Appeal?
Winning a Social Security Disability Appeal or SSI Appeal
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.

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?

What makes a person eligible to receive disability benefits?

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.