How to file for disability, Filing for SSI
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Denied the second time for Social Security Disability in Illinois
It's fairly typical for disability lawyers in Illinois and non-attorney representatives to pick up the phone and hear something akin to the following: "I was denied the second time for Social Security Disability (or SSI disability) and I need to get a lawyer".
The only thing is, when a disability representative (or, often, their paralegal) hears this, the question becomes:
Is this individual stating that they have been denied on their second disability application?
Is this individual stating that they have been denied for disability on a reconsideration? (which is not the same as a disability application but which is the first appeal and the second step in the evaluation process).
The distinction is important. In the first case, the claimant will have simply filed a brand new disability application (after being denied previously on a disability application) and will need to file an appeal, something known as a request for reconsideration. In the second case, the claimant will actually have been denied on a request for reconsideration. They will still need to have an appeal filed. But in this case, the appeal will be something known as a request for hearing (a disability hearing before a judge).
From a claimant's perspective, however, only one thing matters. If you get denied for disability, file an appeal. And if you have to file an appeal, you may as well consider representation.
Why should you consider representation at this point? Because, regarding the first level of appeal (the reconsideration), more than eighty percent of all cases are again denied. This makes it necessary to file the second disability appeal.
That appeal is a request for a hearing in front of a disability judge. And, at that level, having a lawyer who handles Social Security Disability and SSI cases is an important asset to winning a claim. Hearings often take two years to get after they have been requested, and for this reason a claimant should maximize their chances of winning. This includes having able representation.
Special note (and I realize I am being redundant here): if you get denied for disability at the initial claim or application level, don't start over with a new application. That is not the same thing as appealing. Unfortunately, a number of applicants seem to confuse a second application with an appeal.
Here's what you do after you get a notice of denial. Call the social security administration and request an appeal. If you have representation, call the rep's office and inform them that you received a denial notice (they should have received their copy, but sometimes they don't). At that point, they should start on your appeal request.
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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?
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The listings, list of disabling impairments
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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.