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Social security disability (SSD) and SSI applicants who have been denied twice by social security fall into two categories: 1) those whose initial claim was denied and who then filed a new claim, and 2) those whose initial claim was denied and who then filed an appeal. It can’t be stated often enough that, if your initial disability application was denied for any reason other than a technicality; i.e., you didn’t meet the income requirement at the time but now do, or you did not meet the residency requirement but now do, etc., then you should always appeal the decision rather than filing a brand new claim. After all, what is the point of filing the exact same claim with the exact same agency? They will only deny it again. Instead, you should take steps to move your claim up through the disability determination appeals process, which will save you several months, if not years of waiting for a final decision. So, if your disability application is denied by the state disability determination services (DDS) agency, you should file a request for reconsideration or review. This is the first appeal, and it is likely to be denied as well. However, the point of appealing to DDS is not really that you expect them to reverse their decision, although in a small number (about 15%) of cases they do change their mind. Instead, your goal is to get the first appeal out of the way so that you may proceed to the second level of appeal, which is a request to appear before a federal administrative law judge (ALJ). Claimants who appear before an ALJ stand the best chance of winning disability benefits: about 40% of those who appeal their case to a judge go on to win benefits, and the number of approvals jumps to 60% for those who have legal representation at their hearing. These are terrific odds, given that, on average, only 3 out of 10 disability claims are approved by DDS. Those denied for SSD or SSI benefits should immediately contact the social security administration and let them know that they intend to appeal, and request the necessary paperwork. Of course, if you have a disability attorney or some other form of legal representation at this point (many non-attorney reps provide excellent services as well) you should call your rep and let him or her know that you have been denied and let them take care of filing the paperwork necessary for your reconsideration appeal. Please remember that, even if you have gone it alone up to this point, it’s in your best interest to get legal representation well in advance of your second appeal (a disability hearing). It’s never a great idea to appear before a judge without a lawyer, and any money spent in this area is likely to be well worth it in the long run. 
Social Security Disability and SSI Disability Information
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