Appeal, appeal, appeal. The number-one mistake claimants make in the Social Security Disability claim process is failing to appeal on time. Here are a few key things to remember.
- There is a time limit to appeal. You only have sixty (60) days from the date of the denial to appeal.
- Filing an appeal is not as complicated or time-consuming as you may dread. Gathering and submitting the evidence to support the claim is more time-consuming than filing the appeal paperwork with Social Security.
Second, it is better to appeal a denial than to start a new claim. Statistically, most disability claims that are denied are not appealed. Most claimants either (1) give up on the process, or (2) file an appeal too late (more than 60 days after the denial), or (3) file a new claim or application from the beginning. Each case is unique; however, filing a brand-new claim is usually a mistake.
Failing to file a timely appeal or filing a brand new claim has the same result: a loss of appeal rights and the need to start over at the very beginning with a new Social Security Disability or SSI application.
Appealing Has the Best Chance at Winning
Generally speaking, a claimant is better off appealing a denial than starting over and filing a new application. Filing a new application tends to be a waste of valuable time. New applications for disability will likely be denied for the same reasons as the initial application.
In any event, missing an appeal deadline or starting a new application instead of appealing are situations that should be avoided because they waste a significant amount of time.
Note: If you missed your appeal deadline and do not have a good reason for missing the deadline, then you may have to start over with a new application for disability.
Summary of What to Do After a Denial
If your claim is denied, you should take the following steps:
- Determine the root cause of why your case was denied.
- Educate yourself about what a denial means.
- Consider hiring an experienced disability lawyer to assist you in appealing the denial. Learn the “pros and cons” of hiring a disability lawyer.
- Contact your local Social Security district office (or your attorney) and request an appeal.
- Learn more about denials and appeals.
How Do I Appeal The Denial Of Social Security Benefits?
There are many ways you can appeal:
- You can contact Social Security by calling 1-800-772-1213 and tell the representative that you want to file an appeal. They will send you the proper appeal paperwork. However, it is still up to you to file the appeal paperwork with Social Security within the sixty-day time limit.
- You can file an appeal online at the Social Security Administration website. Click on the button that says, “Start a New Appeal,” and you are on your way.
- You can personally visit your local Social Security office and file the appeal.
- You can call an attorney like me to assist you and guide you through the appeal process. I would happily answer any questions you have about the appeal process.
Call us at (888) 321-8131 or fill out the contact form on this page.
Get Help with Your Social Security Disability Claim
If you need help with your Social Security Disability claim, contact a Social Security Disability lawyer like Nick Ortiz. Call the Ortiz Law Firm at (888) 321-8131 to schedule a free case evaluation.
