Appealing a Denied Disability Claim
If social security turned down your application for social security disability (SSD) or SSI, you have the right to appeal the decision. The social security appeals process is fairly straightforward: simply call your local social security office and notify them of your intent to appeal, upon which they will send the necessary paperwork for you to fill out and return to them.
In truth, most claimants are perfectly capable of filing their own appeal without the help of legal counsel, particularly at the first level of appeal (request for reconsideration). However, there are some common mistakes that people make when handling their own appeals that an experienced disability attorney would not (or at least should not) make.
Here are some things to keep in mind if you are filing your own appeal:
1. Appealing is Different from Filing a New Case
Filing a request for reconsideration appeal is not the same thing as filing a new disability application.
In almost every case it is quicker and smarter to file an appeal than to file a new claim. The only exception to this rule is if you were turned down for benefits because your salary was too high or because you had too many assets (assets are only relevant, however, in cases involving SSI). If your financial status is now in line with social security requirements, by all means file a new claim. In all other instances, be sure to file the appeal paperwork rather than a new application for disability.
2. The Deadline to Appeal is Sixty Five Days
File your appeal within the 60-day deadline. Social Security requires appeals paperwork to be in the office within 65 days of your denial date (you get 5 grace days for mailing). If you miss the deadline your appeal may be denied on this basis alone, and you could have to start all over again with a new claim.
3. Remember These Important Forms
If you are filing a reconsideration appeal online versus through the mail, do not forget to include the Appeal Disability Report form (SSA-3441) and the medical release form (SSA-827). Without both of these forms a reconsideration appeal cannot move forward; Social Security will not transfer the appeal to DDS for consideration until they have received both the SSA-3441 and the signed medical release form. It’s worth mentioning, because this requirement is not made clear in the online instructions for filing a request for reconsideration. (Note: If you are filing a second appeal, or request for a disability hearing, this does not apply, as hearing requests are sent directly to the hearing office.)
4. Remember to Include Any New Medical Evidence
Do not forget to include any new medical documentation that may help your case—new diagnoses, treatment, medications, test results—anything relevant that may push the disability appeals examiner to reconsider your denial.
5. Keep Copies of Everything
Keep a copy of anything and everything you send to the social security office. It’s the only way to keep track of what you sent them, and it helps to familiarize yourself with the information in your case file. Also, Social Security will not make copies for you after the fact—the time and expense involved prevent them from providing this service to claimants.
Social Security Disability and SSI Disability Information
- Social Security Disability Secrets
- Social Security Disability Benefits Questions
- Social Security Disability Tips
- Social Security Disability Advice
- Social Security Disability Hearings
- Social Security Disability Guidelines
- Social Security Disability Lawyers
- Social Security Disability Criteria
- How to apply for Social Security Disability
- Social Security Disability Myths
- Social Security Disability Mistakes to Avoid
Pages that address Social Security Disability & SSI Topics
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- Social security disability when you can't work
- Social security disability SSI for joint problems
- Social security disability criteria
- SSI disability denied
- Is bipolar disorder a disability for social security?
- Should you get a social security disability attorney before you are denied?
- Denied for disability, should I try to keep working?
- Should you get a disability attorney after the first denial, the reconsideration?
- How to react if a social security disability case is denied
- Social Security Disability Medical Determination
- Do you get another social security disability appeal if your case is denied?
- Ridiculous Fee for Medical Records for a Disability Case
