What If I Lose My Social Security Disability Case?
If you file for social security disability (SSD) or SSI and your application is turned down, you will be informed of this decision in writing. The notice of denial will state that your application was denied, and give some indication as to why, but, in a usable sense, don’t expect a lot of explanation for the decision. Notices of denial are routine, and the language in them is largely scripted—they read like a form letter, which is pretty much what they are. The letter will also inform you of your right to appeal, which you should definitely take advantage of.
Because you have the right to appeal, the fact that social security denied your disability application doesn’t mean that you have lost your disability case. The important thing to keep in mind is that you can appeal the decision within 60 days.
On the top right-hand corner of the denial notice you will find a stamped date. Your first appeal, which is called a request for reconsideration, must be received by the social security office by the 65th day after that date (social security allows a 5-day “grace” period for mailing).
In essence, filing a disability appeal keeps your claim alive, and you have a much better chance of being approved for benefits pursuing the appeal route than if you start over with a new claim.
If you have a disability representative handling your claim, be sure to call his or her office as soon as you get the denial notice in the mail.
Social security is required to send a copy of the notice to your representative, but it doesn’t hurt to double-check because, for various reasons, there are numerous instances in which either the claimant or the claimant's rep will not receive their copy of the decision notice.
If your social security reconsideration appeal is denied (statistically, this is likely), you will again receive a written notice in the mail as well. However, this does not mean your attempt to win benefits is over (unless you choose to stop at this point, which would be unwise). Again, the letter will inform you of your right to appeal. However, this second level of appeal takes place in a hearing office before a federal administrative law judge.
At hearings, claimants have a statistically better chance of winning a claim. Why? Several factors are at work. The claimant may elect to have representation and improve their chances of winning due to this. The claimant may (directly, or through a representative) provide updated medical records and a medical source statement (otherwise known as an RFC form) from a treating physician.
The adjudication process, of course, is very different in the sense that the claimant will be seen by the decision-maker for their case. And, last, but not least, is the fact that disability judges are not tethered to immediate supervisors who may, at will, exert great influence on the outcome of a case. In other words, disability judges are free to "call them as they see them". And this may account significantly for the fact that most cases that are brought to hearings are approved, despite the fact that they were previously denied at earlier stages in the process.
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Social Security Disability Secrets
Social Security Disability Benefits Questions
Additional Posts
Requirements for Disability Benefits
Social security disability lawyers
How to qualify for disability
Winning disability - how to win a social security disability claim
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Social security disability requirements
Return to:
Social Security Disability Secrets
Social Security Disability Benefit Questions
Because you have the right to appeal, the fact that social security denied your disability application doesn’t mean that you have lost your disability case. The important thing to keep in mind is that you can appeal the decision within 60 days.
On the top right-hand corner of the denial notice you will find a stamped date. Your first appeal, which is called a request for reconsideration, must be received by the social security office by the 65th day after that date (social security allows a 5-day “grace” period for mailing).
In essence, filing a disability appeal keeps your claim alive, and you have a much better chance of being approved for benefits pursuing the appeal route than if you start over with a new claim.
If you have a disability representative handling your claim, be sure to call his or her office as soon as you get the denial notice in the mail.
Social security is required to send a copy of the notice to your representative, but it doesn’t hurt to double-check because, for various reasons, there are numerous instances in which either the claimant or the claimant's rep will not receive their copy of the decision notice.
If your social security reconsideration appeal is denied (statistically, this is likely), you will again receive a written notice in the mail as well. However, this does not mean your attempt to win benefits is over (unless you choose to stop at this point, which would be unwise). Again, the letter will inform you of your right to appeal. However, this second level of appeal takes place in a hearing office before a federal administrative law judge.
At hearings, claimants have a statistically better chance of winning a claim. Why? Several factors are at work. The claimant may elect to have representation and improve their chances of winning due to this. The claimant may (directly, or through a representative) provide updated medical records and a medical source statement (otherwise known as an RFC form) from a treating physician.
The adjudication process, of course, is very different in the sense that the claimant will be seen by the decision-maker for their case. And, last, but not least, is the fact that disability judges are not tethered to immediate supervisors who may, at will, exert great influence on the outcome of a case. In other words, disability judges are free to "call them as they see them". And this may account significantly for the fact that most cases that are brought to hearings are approved, despite the fact that they were previously denied at earlier stages in the process.
Return to:
Additional Posts
Requirements for Disability Benefits
Social security disability lawyers
How to qualify for disability
Winning disability - how to win a social security disability claim
Disability and Degenerative disc disease
Social security disability requirements
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