Yes, Social Security denies disability applications about 70 percent of the time on the first try. This is because the application was filled out incorrectly or decision makers didn't have enough medical evidence to approve the claim. The burden of proof is very high.
Can you appeal when you are denied?
Yes. But there is a strict time limit. You must file a written REQUEST FOR RECONSIDERATION (using the proper forms) within 60 days of the denial. After that, it is too late.
The Reconsideration step is just a formality that must be done. Reconsideration requests are denied almost 90 percent of the time. So, why bother to file? Because it puts you in line for an appeal before an administrative law judge (ALJ) for a hearing. The hearing gives you almost a 50/50 chance of getting approved. It's the absolute BEST chance of approval in the entire process. You must go through "Reconsideration" before you can go before a judge. So, follow the steps.
If there are 3 words I could use to describe how to win Social Security disability, they would be APPEAL, APPEAL, APPEAL.
Remember the 60-day deadline to file all appeals. You lose all your rights under a claim that is not appealed within 60 days after any unfavorable decision.
Appeals are complicated legal steps, especially a hearing before an administrative law judge (ALJ). Most folks want and need a lawyer or advocate-specialist to handle appeals. This won't cost you anything upfront and it never costs unless you win and recover back pay from the government.
SUMMARY: Here are the usual steps in a disability claim:
1. File the application with all attached forms.
2. File a Request for Reconsideration if denied.
3. Appeal and ask to appear at a Hearing before an ALJ.
Most claimants go all the way to Step 3 before being approved.
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