Social Security Disability Notice of Denial and what it means

If you file for disability in either the SSDI (social security disability insurance) or SSI (disability benefits from supplemental security income) program, then, at some point, you'll receive a notice of decision. If your claim is decided at either the disability application or request for reconsideration appeal level, there are only two possible outcomes, an approval or denial. If your claim is decided at the disability hearing level, you may receive a denial or an approval that may be either a fully favorable approval or a partially favorable approval.

What do you do if you receive a notice of denial? If you are represented by a social security disability lawyer, then you should immediately contact this individual so the representative can file an appeal. Ideally, you shouldn't have to do this if you have notified the social security administration that you are being represented (because, in that case, SSA should send your representative a copy of everything that is sent to you). However, to play it safe, you should always inform your representative of any correspondence that you receive from social security. After all, it is not all uncommon for SSA to fail to notify all parties. In fact, it happens far too often that SSA fails to notify anyone after a decision on a claim has been made (which is why some individuals fail to send in a timely appeal---they never knew they were denied in the first place!).

If you receive a notice of denial and are not represented by a lawyer or non-attorney representative, you should immediately contact the social security office where you initated your disability application and advise them that you wish to appeal. You must do this within the timeframe alloted for an appeal (sixty days plus an additional five days for mailing documents)---however, you would be wise to request an appeal as soon as you learn that your case has been denied.

Individuals who receive a social security disability notice of denial and are not yet represented should also entertain the possibility of getting representation. Why? Because if the case was denied at the initial claim level, then the first appeal will be a request for reconsideration and these appeals are overwhelmingly denied (usually, depending on the state, more than 80 percent). This means that the next subsequent appeal will be a request for hearing before an administrative law judge, a type of appeal in which a presiding administrative law judge will advise a claimant who shows up unrepresented to...come back later with a representative.

If you receive a notice of denial, does this mean that your case has no merit, or that it will be impossible to win your disability benefits? Not at all. What it does mean is that you will simply be in the same position as most applicants, i.e. you will need to follow the disability appeal process before you can hope to receive disability benefits.

Statistically, more than sixty percent of all claimants who follow the appeal process at least as far as the hearing level and who have representation are eventually awarded monthly disability benefits (and, usually, the award package includes some level of disability back pay).







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Social Security Disability Claim Secrets

Social Security Disability Benefits Questions