If you're reading this, you've most likely been denied for Social Security Disability benefits. And, you most likely are faced with the decision of whether or not to appeal. Here we will talk about what will happen if you appeal, and the benefits of doing so, as well as what will happen if you do not appeal and/or start a new disability claim.
If your initial application was denied, in order to appeal you will need to file your Request for Reconsideration (in most states). What you should know is that Social Security denies most initial disability applications (up to 75% in some states), so you are not alone. Some applicants, discouraged by the denial, give up. Others allow the 60 days to expire before deciding they want to appeal the decision and keep trying, but it is too late. The only exceptions to the appeal period are if the appeal was sent before the 60 days and got lost in the mail or wasn't received by Social Security in time, or perhaps if an emergency has arisen. Otherwise, if you wait until the 60 days are up--too bad. You start all over.
If you decide to appeal and file your Request for Reconsideration, your file will be sent to the Disability Determination Services, at which point your medical records may be requested from your doctors. You may be sent to see Social Security doctors if you haven't seen one in awhile, or simply for a second opinion. With all the work Social Security does at this point, you would think that your chances of being approved would increase. But unfortunately, even more are denied at this level than at the initial level. If you receive a denial at the Reconsideration level, APPEAL.
The reason you are so strongly encouraged to appeal is because the next step is the hearing level. The disability hearing is your greatest chance of being approved. Social Security will assign an Administrative Law Judge to hear your case, and will choose a date and time for you to appear before him. Then the judge can see you, evaluate your disability, and make a determination. If you have a disability attorney, your chances of being approved at this level are excellent. If you are unrepresented, your chances are still good if you are prepared. Unfortunately, while the hearing level has the greatest possibility of success, it also has the longest wait. Many applicants wait a year or more to have their Social Security Disability. hearing scheduled. Meanwhile, those who are truly disabled may be living with friends or relatives, barely scraping by. This is one circumstance that the Social Security Administration is trying to change.
Once you receive the decision from the judge, and if it is unfavorable, you have another choice to make. The next appeal is a very long one, and the chances of being approved at that level are low. Sometimes your disability case is remanded back to the judge to review again, often with the same result. Another option is to start another claim, or even start your new claim while the first is pending at the appeal, if allowed by your state. It is possible that the new disability claim may be approved before the first, or at least you may get a different judge at the second hearing. Again, though, the problem is the long wait.
No matter what point you are at in the Social Security disability process, the recommendation is to APPEAL. Do it quickly. Show that you are sincere in your efforts, and don't be discouraged when your disability claim is denied, which it probably will be at least once. Perseverance is the most important factor if you are seeking Social Security disability benefits. Best of luck.
Becca has been involved in the Social Security world since 1995 and enjoys watching the program change peoples' lives.
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