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My Illinois Disability Claim was Denied, Should I Reapply?
If your initial disability claim has been denied you should not, in most cases, reapply---you should appeal your disability denial. Your initial disability claim is just the beginning of the Social Security Disability process and if you
If your disability claim in Illinois has been denied, you have sixty- five days to appeal that decision and you do this by filing a reconsideration appeal.
Now, you are thinking what is reconsideration? The reconsideration, or request for reconsideration, is the first level of appeal in the Social Security Disability process, and it’s true value is not that you get a second chance to win disability benefits. The true value of a reconsideration is that it is the next step towards an administrative law judge hearing (which you obtain by filing a request for hearing before an administrative law judge).
Why do I say this? Reconsideration appeals are sent back to the same state disability agency that made the initial disability decision; the only difference being that your disability claim will be reviewed by a different disability examiner, consequently unless the initial disability decision was erroneous according to the rules and regulations of the Social Security Disability program, your disability claim will once again be denied (only about 15 out of every 100 reconsiderations are approved).
At this point, the best advice is to keep appealing your disability claim. If your reconsideration appeal is denied at the recon level, you should file a request for hearing. Yes, this is the hearing before an administrative law judge that I mentioned earlier.
Why is an individual more likely to be allowed at this level of the disability process than any other? The administrative law judge is still bound by the guidelines of the Social Security Disability program, however an administrative law judge, or ALJ, has much more flexibility in making his medical determination than the state agency disability examiner, hence more disability claimants are approved at this level than any other (not only that, the hearing is different in that you actually meet the adjudicator, may present additional evidence, and may use an advocate to argue on your behalf).
Should you EVER reapply if you receive a disability claim denial? You should reapply only after your administrative law judge hearing is denied, I.E. only reapply if you get denied by a judge at a hearing.
As with all other Social Security Disability claim decisions, you are allowed to appeal an administrative law judge decision. Following a denial by a judge, you appeal by filing an appeal to the Social Security Appeals Council. Generally, the Appeals Council will refuse to hear these appeals or deny them. Therefore, while you are waiting for an Appeal’s Council decision, you should file a new initial claim as well. This is the only time reapplying is an advantage to you; because this is the only time you can file a new disability claim while awaiting an appeal decision.
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?
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
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Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
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Filing a Social Security Disability SSI application
Filing for disability - when to file
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Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
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Filing for disability in Illinois
Applying for disability in Illinois
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Filing for disability in Illinois, when to file
After you apply for Social Security Disability or SSI in Illinois
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Filing Illinois request for reconsideration after denied
Will I Qualify For Disability Benefits in Illinois?
Options after Social Security Disability is Denied in Illinois
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Disability attorneys, lawyers in Illinois
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Social Security Disability Representatives and help in Illinois
Social Security Claims and Disability Lawyers in Illinois
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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
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Disability denial in Illinois, when to get a lawyer
Social Security Disability Waiting period in Illinois
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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
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Illinois disability denials
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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
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.