Social Security Disability and SSI DenialsDenials What happens if my SSI or Social Security Disability Application is denied? Before answering this question directly, let's first analyze your options if you are denied on your claim for Social Security Disability or SSI disability. If you get denied on a disability application do you have to file a new application? Should you immediately file a new application if your current application is denied? In nearly all cases no. What Happens When You File A Second Social Security Disability Claim? There are many claimants who never utilize the appeal process and, instead, simply file new claim after new claim after new claim. What is a Social Security Disability Denial based on? Claimants will often assume that one of a variety of factors may have been responsible for why they were denied on their disability application or appeal for disability benefits. Is a Social Security Disability denial based on more on your medical or work history? Denials on Social Security Disability and SSI disability claims are based on both an individual's medical history and their work history as well. What Are The Reasons For Social Security Disability Cases Being Denied? Social Security Disability and SSI cases are primarily denied for one reason. 4 item tip list - What should be done if your disability is denied? This is basically a tips list on the filing of appeals, including the importance of doing followups. If I Get Denied Twice For SSD or SSI Disability, What Do I Do? There are two ways to answer this question. How Many Times Will Social Security Disability Deny You before You Get Approved for Disability? I cannot count the number of times claimants asked or halfway told me they thought their disability claim would be summarily denied at the initial disability claim level for no other reason except that "they heard all initial disability claims were denied and that it took two or three more to be approved". Are there ways to avoid being denied for SSI or Social Security Disability? There are certainly ways to minimize the chances of being denied for either Social Security Disability or SSI disability. Should you get Help from a Disability Attorney before the Claim has been Denied? The point of this article is to point out what the advantages of having early representation on a disability case might be. So, here is a short list of considerations for those who are considering getting representation before their case is denied. Can you be denied for disability even if your doctor recommends that you be approved? The outcome of a disability claim cannot necessarily be determined on the basis of a doctor's recommendation. What Is A Social Security Durational Denial? Durational denials have been somewhat controversial for Social Security because they are based upon a forecast of recovery. The Social Security Disability Denial Letter The Social Security denial letter includes a listing of the medical sources used to make your disability determination. Social Security also offers an explanation of why they denied your disability claim. If you receive a Social Security Denial letter If you receive a social security denial letter, the most important thing to keep in mind is that you need to send in a timely appeal. Additional pages What to do (forms to complete) if you receive a Denial on a Social Security Disability or SSI Case Those who have been denied on a disability application will need to complete a form SSA-3441-bk. Can You Be Denied Social Security Disability If You Have Money In A Savings Account? Basically, Social Security considers anything that can be easily converted into cash to be a resource. Non-medical reasons for why a Social Security Disability Application may be denied Most Social Security Disability, or SSDI, claims are denied because an individual was not found medically disabled under the Social Security Disability guidelines. The Correct Response to Receiving a Notice of Denial on a Social Security Disability or SSI Case The correct response to receiving a notice of denial on a disability case is the following... What does a Disability Denial Letter from Social Security say? The letter will typically begin by stating you are not disabled according to the rules of Social Security Disability and SSI. Following this statement will be the following-- Social Security Disability Denied? The Reasons Why All disability cases are decided, fairly or unfairly, on the basis of medical evidence. What if you get denied for disability multiple times? It is almost always a mistake to file a brand new application for disability after a claim has been denied. The reason for this is that if you file a new claim, your case will simply go through the exact same process and, most likely, be denied again for exactly the same reasons or very close to the same reasons. If you receive a Social Security Disability Denial quickly does that mean the case is weak? No, the speed at which a Social Security Disability or SSI claim is decided really has nothing to do with the strength of the case. How to Appeal a disability claim denial from Social Security If your initial disability claim is denied, you need to contact your local Social Security office or the toll free number 1-800-772-1213 for an appeal (if you have an attorney, you may contact that individual and they will submit the necessary appeal forms for you). Appealing a Social Security Disability or SSI Denial with a Disability Hearing Before an ALJ Why are disability hearings more effective than the first two levels for allowing claimants to win their benefits? There are several reasons for this. Why are Disability Cases Involving Children More Likely to be Denied? As to the approval chances of a child filing for disability, the only thing that can be said is that a higher percentage of child disability cases will be denied at the initial level. If you are denied for disability, is this based on your ability to do your past work? For SSA purposes, the only past work that is considered (for the purpose of determining a claim) is relevant past work. What is "relevant" past work? This is any work that meets the following criteria. Is there a Letter showing the reasons why I was denied for disability? In my denial letter DDS listed each medical condition, and told me why I did not qualify for disability. If you are denied for disability are you able to win social security or SSI benefits on appeal? Typically, more than half of all applicants who appear at a disability hearing will be awarded Social Security Disability or SSI benefits. The rate of approval differs by state, and is also affected by whether or not a person is represented by a disability lawyer, a non-attorney disability representative, or has chosen to represent themselves. Will my claim for SSD or SSI Disability Benefits be denied? A claim for SSD or SSI disability will be denied if the case fails to satisfy the social security administration definition of disability. That definition requires that the individual who is filing for benefits be disabled for a period of not less than one full year before monthly disability benefits may be approved. However, what does SSA mean by "disabled"? What happens if you get denied for Social Security Disability three times? In a forum, an individual stated that they had gotten denied for disability benefits with the social security administration three times. They wondered what happened next in the process and what they should do. There are two possible scenarios that might apply to this individual's situation. If You Get Denied For Disability Should You appeal Or file A New Claim? Your new disability claim will go to the same state disability agency and it will most likely receive the same decision, the only difference being that the decision will be made by a different disability examiner. If I am Denied For Social Security Disability Because I Can Work, What are my Options? Social Security informs the majority of those who file for disability that they can work either at their past job or another job as it is performed in the general economy. Will Social Security Deny You Disability Without Looking At Your Medical Records? Social Security can deny your disability without looking at any of your medical records and they can do this for a few reasons. More on the topics below at this page: The Social Security Disability and SSI Appeal Process Reconsideration of a Social Security Disability denial- what does it involve? What Are The Reasons For Social Security Disability Cases Being Denied? What Happens If You File A Late Social Security Appeal? (What is Good Cause?) What to do (forms to complete) if you receive a Denial on a Social Security Disability or SSI Case If you are denied for disability are you able to win social security or SSI benefits on appeal? If Am Medically Disabled, Can Social Security Still Turn Me Down for Disability for Some Reason? If Your Disability Benefits Are Stopped Can You Get Them While You Appeal? How Many Times Will Social Security Disability Deny You before You Get Approved for Disability? More on the topics below at this page: Social Security Disability SSI hearings What happens when you go to a Social Security Disability hearing? How Many Disability Hearings are Won? How long does a Social Security Disability hearing last? What are Medical Experts at Social Security Disability hearings? About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. |
