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Should You Appeal Your Social Security Disability Denial in South Carolina?



 
This question recently appeared online and, of course, the answer is quite obvious. Yes, you should always appeal your Social Security Disability denial. And not only that, you should do it in a timely fashion.

For those who have received a disability denial in South Carolina and have become discouraged, why should you bother to file your appeal? Because of two facts, really.

One: the majority of all disability claims get denied by the social security administration at the initial claim and reconsideration levels. If a denial happens to your claim, it doesn't mean that your case is without merit or that you can't ultimately win disability benefits. Two: the majority of claimants who appeal their cases and get their claims heard by an administrative law judge will, if they have representation, be successful in being awarded disability benefits.

Regarding timeliness, in the area of Social Security Disability representation one thing I have noticed repeatedly is that too many claimants wait until the end of their appeal timeframe before either submitting an appeal to social security (if your denial occurred at the application level, the appeal will be a request for reconsideration, and if the denial occurred at the reconsideration level, the appeal will be to request a hearing before a judge).

This is a mistake. Yes, the social security administration does give you two months (actually more--60 days plus 5 days for mailing) to send in your appeal following the issuance of a denial. However, waiting to file an appeal only increases the processing time of your case.

So, the answer to the question is yes. Always appeal your Social Security Disability denial. That is, unless the denial occurred because you were not eligible for consideration due to assets (for SSI disability, there is a limit on assets), or the denial occurred because you were working and earning more than the allowable limits. In all other cases, however, you should appeal your denial.








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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.