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Steps to follow after Social Security Disability is Denied in Illinois




 
Point 1 - If you get denied for disability, your first thought should be this: appeal. Appeals are, by and far, a much better option than doing what so many claimants mistakenly do, which is to file a new disability application and start over from scratch. As a disability examiner, I saw this more times than I could count. A claimant would get denied and would file a new disability application.

The question I always had to ask was, "why did they think the second disability application in Illinois would be treated any differently than the first". In almost all instances, it is treated exactly the same way, i.e. it is denied again. A claimant who has been denied should appeal.

And, ultimately, the goal of going through the appeals process is simply to get your case before an adminsitrative law judge. Yes, a percentage of cases are won at the first appeal step (the social security request for reconsideration); however, this is an exceedingly small percentage. This is why I have always told claimants the following - file your request for reconsideration and if you get approved on the recon, fantastic. But pretty much expect to be denied at this level. Resources:

1. Denied on a disability application do you have to file a new application?
2. Difference Between Filing New Disability Claim And Filing A Disability Appeal?
3. Filing a Social Security Disability application
4. Denied for Disability, Should you File a new Application or File an Appeal?

After being denied on the recon, though, you can request a disability hearing, where, if you do what's necessary to prepare for your disability hearing, you can expect a favorable chance of winning your claim.

Point 2 - Move along quickly. Yes, its not enough to file a social security disability appeal after your case has been denied. You need to do it fast. Why? Because, if you're like most claimants, your finances by this time are in very bad shape. Social security gives you 60 days to file a disability appeal. But why wait this long? Get it done immediately. And by immediately, I mean within several days of getting your disability notice of appeal.

If you have an attorney, call their office as soon as you receive your denial notice and have them file your appeal for you. Tip: Sometimes your attorney's office may feel pretty backed up so they may decide to "get to your appeal" when its convenient for them. Guess what? Whether they're "backed up" or not is of no importance to you. INSIST that your appeal request be sent out immediately and, furthermore, insist that you are sent a copy of the appeal paperwork so you can verify that the appeal has been done. As I said before, the process for disability takes a long time. But why let it take any longer than it has to, right?

Point 3 - If you don't have representation once you have been denied, seriously consider getting it. Cases with representation win at a higher rate because, at a hearing, they are better prepared. No ifs ands or buts.

But should you get just any representative? No. Your representative can be a disability lawyer or a non-attorney; however, the person you choose should have a fair amount of experience in dealing with the system. For example, would you want to be represented at a hearing by an attorney who primarily handles wills and estates, or DUIs, and only does three or four social security disability and SSI disability cases per year? Of course not. You want someone who actually knows how the federal disability system works.

You also want someone who is familiar with the hearing office and the judges where your case will be heard. And a rep who only does 3-4 disability cases per year, on the side, will not have the expertise that you should demand in your representative.

Resources:

1. How long does it take to get a disability hearing scheduled?
2. How long does it take to get a disability hearing?
3. How long does it take to get a decision after a disability hearing?
4. How to get a disability hearing scheduled faster?
5. Getting a faster disability hearing scheduled
6. Can an attorney get you a faster disability hearing?
7. Disability hearing decision timeframe
8. ALJ disability hearing decisions
9. What to expect at a disability hearing
10. What happens when you go to a disability hearing?
11. After a disability hearing, what happens?









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  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



    The Most Basic questions about Getting Disability Benefits

    Social Security Disability and SSI Back Pay Benefits

    Social Security Disability SSI and whether or not you can work

    How long does it take for Social Security Disability or SSI?

    Social Security Disability SSI Awards and Award Notices




    Tips, Mistakes, How to Qualify, and How to Win Disability

    Tips and Advice for Social Security Disability and SSI Claims

    Common Mistakes to avoid after being denied for Disability

    Disability Qualifications and How to Qualify for Disability Benefits

    Winning Social Security Disability or SSI, How to Win




    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Social Security Disability and SSI Appeal Process - How to file appeals

    Questions about Disability Lawyers and Hiring a Disability Attorney




    Various Types of Benefits including SSI, Mental, and Child benefits

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    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

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    Information to start with regarding Disability Claims

    An Overview of Social Security Disability and SSI

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    The Disability Requirements to be eligible for SSD and SSI Benefits




    Filing for Social Security Disability or SSI Benefits

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    Filing for disability in Illinois

    Applying for disability in Illinois

    How do you apply for Social Security Disability or SSI in Illinois

    Filing for disability in Illinois, when to file

    After you apply for Social Security Disability or SSI in Illinois

    Are you automatically denied for SSDI or SSI in Illinois when you first apply?

    Filing Illinois request for reconsideration after denied

    Will I Qualify For Disability Benefits in Illinois?

    Options after Social Security Disability is Denied in Illinois

    Hiring a Qualified Disability Lawyer in Illinois

    Do you need a lawyer for a Disability Claim in Illinois?




    Disability attorneys, lawyers in Illinois

    Choosing a Disability Attorney in Illinois

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    Will hiring a disability attorney in Illinois get me a disability award?

    Social Security Disability Representatives and help in Illinois

    Social Security Claims and Disability Lawyers in Illinois




    Illinois disability appeals

    Filing a disability appeal in Illinois

    Which disability appeal to file in Illinois

    How many disability appeals do you get in Illinois?

    Getting a Disability Appeal on time in Illinois




    Eligibility, approvals, and qualifications in Illinois

    How to Qualify for Social Security Disability or SSI in Illinois

    Can a Specific Medical Problem get you Approved for Disability in Illinois?

    Eligibility and Qualifications for Disability in Illinois

    Can you get disability approved in Illinois at the reconsideration level?




    Miscellaneous questions about SSD SSI in Illinois

    Can you get disability in Illinois on your first try?

    How many Social Security Disability and SSI cases get denied in Illinois?

    Disability denial in Illinois, when to get a lawyer

    Social Security Disability Waiting period in Illinois

    Will I lose my SSDI SSI disability benefits in Illinois when my case is reviewed?




    Illinois disability hearings

    How to Prepare for a Disability Hearing in Illinois

    Odds of disability approval in Illinois better at a hearing vs reconsideration

    Illinois disability attorney representation after being denied




    Illinois mental disability

    Approved for disability in Illinois with a mental condition

    Mental testing for an SSDI or SSI disability claim in Illinois

    Filing for Disability with depression in Illinois




    Illinois disability decisions

    Who makes the SSD or SSI decision in Illinois

    How long does it take to get a disability decision in Illinois?

    What is the Social Security Disability decision making process in Illinois?




    Illinois disability, working and work credits

    Work credits in Illinois to be covered for Social Security disability

    How to get your disability status in Illinois

    If you get and receive disability benefits in Illinois, can you work?

    Can you apply for social security disability or SSI in Illinois if you are working?




    Illinois disability denials

    Why is Social Security Disability and SSI Denied in Illinois?

    Denied on a Disability Reconsideration in Illinois

    Illinois Disability Claim was Denied, Should I Reapply?

    Denied the second time for Social Security Disability in Illinois