Your Child and Autism

My Social Security Disability Claim Has Been Denied - What Should I Do Now?

Six out of ten initial claims for Social Security disability programs such as SSDI (Social Security Disability Income) and SSI (Supplemental Security Income) are denied. The most likely reason for such a high percentage of claims being rejected is that applicants do not provide enough information on their initial application. It's been stated by at least one former claims examiner that they have denied claims that they felt were valid because the applicant did not give them complete enough evidence of the disability.

If your claim has been denied, be aware that claimants for Social Security disability are allowed four levels of appeal. The first level is within the Social Security system, and is technically referred to as a 'request for reconsideration'. The next level is a hearing with an administrative law judge, followed by an appeal to the Social Security Administration (SSA) Appeals Council, and finally in a federal district court.

To file an appeal at the first level (request for reconsideration) contact the local SSA office within sixty days of receiving the notice of denial and explain that you want to appeal. They'll send the appropriate forms out to you. Make sure they know exactly what type of denial you received and which type of appeal you're pursuing, as there are different forms for different types and levels of appeal. The sixty day window is assumed by the SSA to start five days after they mail the denial notice. Should you be appealing near the end of the sixty day timeframe, you'll probably want to go to the SSA office in person to file. All the levels of appeal have the same sixty day time limit. Should you fail to make your appeal within that time, you have two choices: prove you received the denial letter later than the SSA's assumption, or file a new initial claim. Obviously, you'd want to avoid either of those if possible.

How long will the request for reconsideration take? It can vary from only a few weeks if there is not a lot of new information in your claim and/or the office has a light workload, to as long as six months if your appeal necessitates review of a large amount of new information and/or the office is under a heavy caseload.

As you probably know, an intial claim for disability benefits must be filed with the SSA. Once they confirm that you qualify under the basic administrative guidelines of the program, they turn your case over to your state's Disability Determination Service (DDS), which uses the SSA's rules and regulations to decide whether or not your medical condition meets their definition of disability. The first appeal follows the same procedure, except for the fact that your file is likely still at the DDS, just requiring that the SSA notify the DDS of the appeal. Be sure to contact the SSA to initiate an appeal, not the DDS. When you file your appeal, it would be a good time to inspect your file at the DDS and make sure it's correct and complete. Should you find any errors, don't attempt to write in the file or add any additional documents - ask the DDS examiner to do it for you.

If you want to read more about disability benefits, click over to Joe's site at http://www.disabilitybenefitsguide.org

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