The majority of initial applications for Social Security Disability are denied. In fact, according to the Social Security Administration’s own statistics, nearly 70% of initial claims are turned down. However, if you and your attorney believe that your claim was unfairly denied, we encourage you not to give up.
The second phase of the application process for Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) benefits is reconsideration. In reconsideration your application (along with any new information you submit in support of your claim) will be reviewed a second time by the same Social Security office that evaluated your initial application, but the review will be conducted by different people in that office.
A decision on your reconsideration application can take from three to six months. Most likely your application for benefits will be denied again. Only about 12%-15% of applications are approved at this stage. There are two types of disability denials from the SSA — medical and technical. The most common type of denial is medical—the SSA doesn’t think your medical condition qualifies you for disability benefits. A technical denial means the SSA determined that you simply don’t meet the eligibility requirements for disability benefits. Usually this is because your employment history is not long enough or recent enough to qualify, or you have continued to work while the SSA reviewed your claim, and you earned too much money.
Biggest Mistake #1-Giving Up
Many people just walk away after the first or second denial of benefits. But, as we said, don’t give up. This is not the end of the line. (There are certain rare situations when giving up the fight makes sense, but the decision whether to quit or keep going should be made with the advice of a qualified disability attorney.) Bear in mind that even if your claim is rejected a second time you have the right to ask for an appeal hearing. The largest percentage of Social Security disability benefits claims are awarded after an appeal hearing.
Biggest Mistake #2-Missing the Deadline
Before you can be granted an appeal, you must file for reconsideration. When your initial application has been denied, you have 60 days to notify the Social Security Administration that you want to have your application reviewed. You must complete and submit three forms:
- A Request for Reconsideration form (Form SSA-561),
- A Disability Report – Appeal form (Form SSA-3441), and
- An Authorization to Disclose Information to the Social Security Administration form (Form SSA-827).
Although you have 60 days to file, don’t delay. If you wait for the full appeal period, you could add months to the processing time of your disability claim. If you miss the deadline your claim may be denied., and you will have to start all over and refile your disability claim, which leads us to the final “Biggest Mistake”.
Biggest Mistake #3- Filing a New Application
Filing a new application for the same disability is generally a waste of your time, because you will be forced to go through the whole time-consuming process again. It is quite unlikely that a second, third, or fourth new application with the same information will be more successful than the first application. Your chances of being awarded benefits are much better by appealing the denial of the original claim. Furthermore, if you are awarded benefits after filing multiple applications, you are not likely to qualify for back pay for the months you spent filing the previous applications and waiting for decisions.
If you are considering filing for Social Security disability benefits or if you have been denied benefits, but believe the denial was unfair, contact the experienced disability attorneys at Cuddigan Law for a free evaluation of your case. At Cuddigan Law you have a team of disability experts in your corner who will fight for your rights.
