Tuesday, June 19, 2007

If you lose your disability case (what happens next)

If you lose your social security disability or SSI disability case at the disability application level or at any level of the appeal process, you'll receive written notification of this. A notice of denial will inform you of both the decision to deny your disability claim and your appeal rights. The letter will also include some language regarding the basis for the decision. However, this is mainly boilerplate language, i.e. if you line up ten different denial notices, they will tend to look fairly much alike.

If you lose your disability case and receive a denial notice, one of the most important things to keep in mind is the date stamped in the upper right hand corner. You have sixty days from this date to get your appeal, or next appeal filed. In actuality, the social security administration will give you an extra five days for mailing time. But you shouldn't build this into any consideration of "how long you have to safely wait" before getting your appeal started. Many disability claimants learn the hard way that it is possible, even with sixty days, to wait too long before requesting an appeal. Perhaps the most important things to remember about the appeal process are:

1. Your disability appeal must actually be received by social security by the 65th day.

2. If you have a disability attorney, they should file the appeal for you, and send you a copy of what they have submitted on your behalf.

3. If you have a disability lawyer helping you on your case, call the lawyer's office as soon as you receive a notice of denial as it is always possible that they did not receive their copy of the decisional notice.

Return to the Social Security Disability SSI Benefits Blog

Other Posts

How to file for disability - do it soon
Social Security Appeals Process
Social Security Disability Benefits