Tuesday, March 13, 2007

Social Security Disability Claim Denied the Second Time

"My social security disability claim was denied for the second time, what do I do?"

I've come across this question enough times to know that, before I can give the individual an answer, I need them to clarify what they meant---because the answer to the question will depend on whether the questioner meant to say:

A. They were denied on their second social security disability application .


B. They were denied on their first appeal, which they filed following a denial of their social security disability (or SSI) application.

The distinction is very important, but, unfortunately, more than a few individuals get confused in this area. In fact, some individuals do, in fact, believe that when they file a brand new disability application that they are filing an appeal.

This is absolutely not the case. A new disability application is simply a new disability application and has nothing to do with a prior application. And, in most cases, it can disadvantage a claimant if they decide to start over with a new application.

Why? Because, by doing so, they give up their right to file an appeal. And appeals are almost always the best route to follow, because by following the appeal system, a claimant can get their case before a judge and, typically, have their best chance of being approved for social security disability or SSI disability.

So, what is the answer, or, rather, what are the answers to the question?

Well, if an individual is denied on a disability application, they should file for the first appeal that is available to them. This is known as a reconsideration in most states and in other states this is known as a review. To request this appeal, simply contact your local social security office and request the appeal (so they can send you the proper forms) or, if you have representation, have your lawyer submit your appeal paperwork for you.

If an individual is denied on this appeal (which is usually what most people mean when they state they have have been "denied for the second time"), then the next course of action should be to request a hearing before an administrative law judge.

Return to the Social Security Disability SSI Benefits Blog

Other Posts

How long for a Disability Review
Disabled - Social Security Disability
SSI Application for Disability Benefits
Social Security Disability Lawyer