Monday, January 08, 2007

What to do after a Disability Claim is Denied

An applicant for social security disability or SSI disability benefits stands roughly a seventy percent chance of being denied at the initial claim level (the application level). Why is the percentage for denied claims in the social security system so high? Because, despite the fact that the disability evaluation process is intended to be an impartial process, it is actually somewhat hostile and adversarial to claimants. And this may be why so many claimants who are denied at the application level, and are denied again at the first appeal level, are later approved at the disability hearing. The difference? At the hearing level, a claimant can actually appear in person and meet the individual who will decide the outcome of their case (at a disbility hearing, an administrative law judge makes this decision). A claimant can also compose and present (either directly or via a disability lawyer) an argument as to why their social security disability or SSI claim should be approved.

The only thing is, an applicant for disability benefits will never have this opportunity if they do not take advantage of the social security administration's disability appeal process. Therefore, with regard to the question, "What do you do if your disability claim is denied?", a claimant should do the following:

Immediately upon receiving notification that a disability benefit claim has been denied, a claimant should contact their local social security office and request an appeal. The social security administration will allow a claimant 60 days in which to request an appeal following a denial of a claim at any level of the process. However, an individual whose disability claim has been denied should, ideally, not wait more than a day to request an appeal, simply to avoid additional processing time.

Requesting an appeal immediately after the arrival of a denial notice can allow a claimant to avoid a common mistake. What is that mistake? Filing a new disability application. Completing a new disability application instead of filing an appeal generally results in the same outcome: getting denied all over again, generally for the same reasons.

To reiterate: after a disability claim is denied, request an appeal.





Additional information on Social Security Disability at www.disabilitysecrets.com










Other Posts:
Do disabled children qualify for benefits?
Will the severity of a condition determine if you can get approved for disability ?
Social Security Disability SSI questions
What you need to have when you file for disability

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Past Posts

How do you apply for Disability ?
What happens after you apply for Social Security Disability or SSI?
How does Social Security decide Disability cases?
How long does it take to get a decision on a Disability case?
Why does it take so long to get a decision on a Disability case?
What if you get denied for Social Security Disability or SSI?
How do you file a Disability appeal?
Social Security Disability and Medical Evidence
Correct Steps for Filing a Social Security Disability Claim
Filing for Disability - Doctors and Documentation
Will I get disability with Bipolar Disorder ?
Mental Testing When You Apply for Disability for Depression
The chances of winning Disability on an appeal?
How bad should my condition be before I file for disability ?
How does Social Security decide if I am Disabled ?
How long does it take to get a hearing for disability ?
What are the chances of winning at a disability hearing ?
Approval Criteria for Disability
Conditions that Social Security will recognize as a disability
Disability Determination
Social Security Disability Requirements
Denial of Disability, Pain, and Medical Records
The criteria for social security disability and ssi
How can you improve your chances of winning disability ?
SSI Disability
File for disability as soon as possible
For what medical conditions can you be approved for disability ?
Qualifying for Disability - How difficult ?
What Does Social Security Consider To Be a Disability?
How to Qualify for Disability - social security disability or SSI
Social Security Disability Claims and Disability Lawyers
Applying for Disability with Depression
Filing for Disability with Fibromyalgia
Social Security Disability Qualifications
Fibromyalgia and Disability Judge Perceptions
Denied for Social Security Disability
The Second Social Security Disability Appeal
Do you have to be totally permanently disabled to get disability ?
Social Security Disability Backpay, SSI back pay
Social Security Disability SSI status
Social Security Disability System
Who is eligible for Social Security Disability or SSI?
Disability and other work
Applying for Disability Based on MS, Multiple Sclerosis
Tips for Filling out a Social Security Disability Application
How Do You Get Approved for Disability with Social Security?
SSI Reconsideration easier than an SSD Reconsideration?
What does social security mean when they say you can return to your past work?
Social Security Disability, Medical Records and a Disability Attorney
Denied the second time for Social Security Disability
How many Social Security Disability and SSI cases get denied?
Appeals for Social Security Disability
SSI Benefits
Social Security Disability Appeal
Social Security Back Pay
Application for Disability
Disability Denied
How to get disability
Disability Requirements
Social Security Disability Benefits
Application for Disability
Disability Appeals
Total Disability and social security disability
Social Security Disability Attorney Fees
Qualify for Social Security Disability
How Does Social Security Decide Your Disability Claim ?
What to Expect at a Social Security Disability Medical Exam
Social Security Disability Denied - Why did this Happen?
How to get SSI
Social Security Disability Status on a Case
When should you file for Disability Benefits
Social Security Disability Questions
Getting Disability Benefits
Social Security Disability Claim Advice
How to get approved for SSI disability
Can I win my disability case ?
Social Security Disability and the right doctor to win?
Social Security Disability Applications
Medically Disabled for Social Security Versus the Definition of Disability
Social Security Disability List of Impairments
Can I improve my chances of winning disability ?
If I get approved for disability will I get back pay ?
The social security disability process for disability claims
Disability Claim denied
Disability Applications
How do I Apply for Disability Benefits ?
How to get Approved for Disability - Information on claims
Appealing a Denied Disability Claim
What to do after a Disability Claim is Denied
Disability Lawyers and Finding YOUR Disability Lawyer
SSI Claim for Disability benefits
Questions about Disability benefits
Social Security Disability Frequently Asked Questions and tips
More Frequently Asked Questions about Social Security Disability and SSI
Questions about applying for disability - Advice and Tips
Questions about Social Security disability SSI plus advice tips
The list of lists Social Security Disability SSI Tips Advice
Questions about SSD Social Security Disability FAQ
Social Security Disability Mistakes
Social Security Disability and Medical Conditions
Social Security Disability Residual Functional Capacity Form
Residual Functional Capacity - Social Security Disability and the RFC form
Update on a Social Security Disability Application
Drawing Social Security Disability Benefits for a medical or mental condition
What's so hard about filing for disability?
How much does it cost to process a Social Security Disability Claim?
Anxiety and Panic before a Social Security Disability Medical Exam
Social Security Disability Benefits and Pain
How does Social Security Disability use your Work History?
I Never Met With My Disability Attorney before my SSD Hearing
Being Prepared for a Social Security Disability Hearing
Social Security Disability and Fibro Fog
Social Security Disability Psychological Exam and Questions that get Asked
Decisions on Disability Applications - Fully and Partially Favorable
How will a Social Security Doctor determine my illness?
How long does it take to get a decision from a Disability Judge?
Questions about social security disability hearings
Claim denials, denied cases, and being turned down
Should your Doctor determine if you get Social Security Disability or SSI?
Social Security Disability Hearing Decisions
Appyling for SSD - Disability Application Information
Social Security Disability SSI and Hepatitis
Will you get Social Security Disability if you can't do your old job?



Posts about Conditions

Cancer
Type I Diabetes, Type II Diabetes, Diabetic Retinopathy
Fibromyalgia
Bipolar Disorder
Memory Loss
Heart Disease, Heart Attack, Congestive Heart Failure
Back Pain, Ankylosing Spondylitis, Spinal Stenosis, Degenerative Disc Disease










Recent Denial Rates for Disability Applications

Filing for Disability in California - In California, 55.5 percent are denied.
Filing for Disability in Texas - In Texas, 61.5 percent are denied.
Filing for Disability in Pennsylvania PA - In pennsylvania 55.1 percent are denied.
Wisconsin - 62.6 percent denied.
Filing for Disability in Washington - 58.9 percent denied.
Filing for Disability in Virginia - 61.6 percent denied.
Filing for Disability in Massachusetts - 54.7 percent denied.
Maryland - 66 percent denied.
Filing for Disability in Michigan- 64.1 percent denied.
Minnesota - 57.6 percent denied.
Mississippi - 72.8 percent denied.
Missouri - 66.8 percent denied.
Nevada - 50.4 percent.
Filing for Disability in New Jersey - 50 percent.
New Mexico - 59.6 percent.
Filing for Disability in New York - 61.9 percent.
Filing for Disability in North Carolina NC - 67.2 percent.
Filing for Disability in Ohio - 71.1 percent.
Oklahoma - 66.1 percent.
Oregon - 66.3 percent.
Arizona - 53.4 percent.
Arkansas - 63.2 percent.
Colorado - 73.7 percent.
Filing for Disability in Florida - 64.9 percent.
Filing for Disability in Georgia - 71.8 percent.
Filing for Disability in Illinois - 61.2 percent.
Filing for Disability in Indiana - 67.8 percent.
Kansas - 67.3 percent.
Kentucky - 67.7 percent.
Louisiana - 68.8 percent.
Filing for Disability in Tennessee - 74.3 percent.
Alabama - 70.6 percent.
Connecticut - 62.2 percent.
Utah - 69.8 percent.

























Note: This blog is not intended as medical advice or legal advice, should not be construed as such, and does not establish a representative-client relationship.