Don’t Make these 3 Biggest Mistakes in Your Disability Benefits Appeal

The road to winning Social Security Disability benefits is complex and difficult to navigate, and most applications for Social Security Disability benefits are denied.

According to the Social Security Administration (SSA) statistics, 60% of applications are turned down in Illinois. But if you are dealing with an injury or illness that prevents you from working and you believe you were 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. Most likely your application for benefits will be denied again. Only about 12% to 15% of applications are approved at this stage.

If Social Security has turned down your application for benefits twice, by law, you are entitled to an in-person appeal hearing. The hearing will be conducted by a Social Security administrative law judge who had no part in the original decision or the reconsideration of your case.

This is your best opportunity to qualify for disability benefits because you will get to tell your story.

However, all too often, we see claimants with real disabilities make mistakes that cost them the benefits they have rightfully earned. Here are three of the biggest mistakes you can make:

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. The largest percentage of Social Security Disability benefits claims are awarded after an appeal hearing.  There are certain rare situations when stopping your claim might make sense, but the decision whether to quit or keep going should be made with the advice of a qualified disability attorney. All too often, we see people asking to stop their case for the wrong reasons.

Biggest Mistake #2: Missing the Deadline

If your claim is 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:

1. A Request for Reconsideration form (Form SSA-561) or Request for Hearing form (Form SSA-501)
2. A Disability Report – Appeal form (Form SSA-3441)
3. An Authorization to Disclose Information to the Social Security Administration form (Form SSA-827)

Don’t delay filing your appeal while you wait for additional information or medical records. It will take time for an adjudicator or administrative law judge to review your claim, so you can still submit evidence after the appeal is filed.

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

Dropping your initial or reconsideration claim and 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’s 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 may not qualify for back pay for the months you spent filing the previous applications and waiting for decisions.  In fact, you may not qualify at all if your insured status had expired.

If you are considering filing for Social Security Disability benefits or if you have been denied, and you believe the denial was incorrect, contact the experienced Chicago disability lawyers at Nash Disability Law for a FREE evaluation of your case.

We can help you navigate the complex SSA disability claims process and guide you on the best path forward. We are proud to say we’ve helped more Chicago area people win Social Security Disability benefits than any other law firm. 

We have offices in Chicago and Palos Hills, and we can help you avoid these and other costly disability mistakes.