What Happens After You Are Turned Down By Social Security Disability?

If your initial Social Security disability claim has been denied, you must begin the Social Security disability appeal process. This process begins with an appeal known as a reconsideration request. You must file your reconsideration appeal within sixty-five days of the date of your disability denial notice, and this means the appeal must be at the Social Security Administration in that period of time.

So what happens when you file a reconsideration request with Social Security? You will be mailed (currently you can pick up your appeal at your local office or even file it online) reconsideration appeal paperwork; this is basically an update of your medical information and work activity.

Once your reconsideration paperwork has been returned to your local office, it is forwarded back to the state disability agency that made your initial disability decision. Although your reconsideration is sent back to the same disability agency that denied your initial disability claim, another disability examiner will review your disability folder. All disability examiners are bound by the same disability rules and guidelines, consequently very few initial disability denials are overturned at this appeal level. Nationally, about ten to fifteen percent of all disability claims are won at the reconsideration appeal level, which of course means that roughly eighty five percent of all reconsideration appeals are denied.

What should you do if you are turned down at the reconsideration level? If your reconsideration appeal is denied, you need to file a request for hearing. A hearing request is filed in much the same way as reconsideration. You must request your hearings appeal paperwork and return it within sixty-five days of your reconsideration denial.

Once your hearings request is returned to your local Social Security office it will be forwarded to a social security hearings office. Your disability claim will be scheduled for an administrative law judge hearing, which simply means you will have a hearing before a judge to determine if you can be considered disabled according to Social Security disability guidelines.

That being said, administrative law judges have more flexibility in making their medical determinations than the state disability examiners (who are reviewed by both physicians and unit managers). Since administrative law judges have more flexibility in determining if an individual is indeed disabled by Social Security standards, more disability benefits are awarded at this level.

An administrative law judge hearing may be your best chance to win disability benefits, therefore you may wish to consider obtaining a Social Security representative to help you present your claim in manner that is most favorable to you. Remember, you will find yourself before a judge, and just like other hearing settings it is important for you to have a representative who is familiar with the "rules of the court". Social Security representatives are able to obtain current information from your physicians, arrange for experts if needed, and they are familiar with the rules and regulations that govern the Social Security disability process.

From my experience as a former Social Security disability examiner, I found that it is very difficult for individuals to present the facts of their claims objectively and in a manner that would favor a win before an administrative law judge. Individuals are emotional about their medical conditions, as well as the financial hardship these conditions have caused, consequently it makes presenting the facts of their claim in a cohesive objective manner difficult.

Because the Social Security disability process is a long an arduous journey that often involves years of waiting and severe financial hardships, it would seem prudent for anyone attending a Social Security disability administrative law judge hearing to obtain the services of a professional Social Security representative. In fact, national statistics indicate that significantly more disability claims are won at this level with representation than without representation.






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Social Security Disability Secrets

Social Security Disability Benefit Questions



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