Thursday, February 11, 2010

Social Security Notice of Denial

"I was told my social security case got denied 2 weeks ago. I don't remember getting a denial notice, my lawyer didn't either. Do I need the the notice of denial to do the appeal? Is there information on the notice that is needed for this?"

Answer: No, the notice of denial is basically a "canned" letter that is electronically generated. When I was a disability examiner, we assembled these letters in the computer from various templates that would apply to the situation. But, essentially, it was something similar to "hit submit" and off the letter went to the person who got denied. I'm sure its not much different now.

The only really important things concerning a social security notice of denial are:

1. That you get the letter, or become aware of the fact that you have, in fact, been denied. That's because you can't file a timely appeal (you have 60 days from the date of the denial, plus an additional five days for mail time, in which to get your disability appeal sent in) if you never know that you've been denied in the first place. This is where having representation can be handy. If you don't get your copy of the denial notice, your attorney or non-attorney representative probably will. Or vice-versa.

2. The date of the notice of denial. This date is important because it establishes when the sixty day timeframe in which to appeal begins.

Other than that, there's hardly any useful information on a notice of denial. Remember, its a canned letter and most notices look basically alike. The important thing to do is simply appeal and do it quick.

Are there cases in which cases are denied, and neither the claimant nor the representative get notified? It does happen. This is why periodic checking of the status of a disability claim can be helpful. And, again, this is something a disability representative can do.

Return to the Social Security Disability SSI Benefits Blog

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