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HOW MANY APPEALS CAN BE MADE ON SOCIAL SECURITY DISABILITY?

  • Writer: The Forsythe Firm
    The Forsythe Firm
  • Feb 15, 2021
  • 1 min read

I want to answer the question about Social Security appeals. This is because a majority of claims must file appeals to win. Very few win just by filing an application (70 percent denial rate). So, here are the steps that must be taken IN ORDER:

  1. File a complete application with all supplementary forms. 30% chance of approval.

  2. When denied, file a Request for Reconsideration. (12 percent chance of approval).

  3. When denied, appeal and ask for a hearing. (Best, best chance to win your case is here).*

  4. If denied at hearing, appeal to the Appeals Council. (Very slim chance of winning) but you might get your case "remanded" -- sent back to the judge for a new hearing.

  5. If denied by Appeals Council, you may file a lawsuit in federal court against the Commissioner of Social Security. (2% chance of an outright win, but you might get your case sent back to the administrative law judge for further action).

So, there are 4 appeals possible after an application has been denied.


As you can easily see, the very best chance of getting approved and paid is in the hearing before the administrative law judge (Step 3). As a national average, hearings approve about *47 percent of cases. There is no step or appeal in the entire process that offers a better chance to win.


So, if your SSDI or SSI claim gets denied, Appeal, Appeal, Appeal. If you give up after the first denial, you are not using the system as it is designed. The system is designed to approve cases at the appeal level, not the application level. (The Application process is a "weeding out" process).


 
 
 

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