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?
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
Most popular topics on SSDRC.com
Social Security Disability in North Carolina
Common Mistakes to avoid after being denied for Disability
Tips to Prepare for Filing for Social Security Disability or SSI
Advice to Win SSD and SSI Benefit Claims
Social Security Disability SSI Questions
What is the difference between Social Security Disability and SSI?
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?
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
What makes you eligible for Social Security Disability or SSI?
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
What will an Illinois disability attorney do?
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