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Potter, Cohen & Samulon Specializing in Social Security Disability since 1989.
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Appealing a Denial of Social Security Benefits


Ask for a second chance if your application for Social Security benefits is denied.

If your application for Social Security benefits is denied, you may not be out of luck. A substantial percentage of denials are reversed on appeal. For example, almost half of all Social Security disability appeals, which are by far the most common type of appeal, are favorably changed during the appeal process.

When to Appeal

If you truly don't qualify for benefits, you shouldn't waste your time by filing an appeal. But Social Security has been known to make errors or to be overly strict in its judgments (for example, over whether your illness is severe enough to prevent you from working). The appeal is your chance to correct such errors or persuade Social Security or the courts to judge your case differently.

You must send in the completed form(s) within 60 days after you receive written notice of the Social Security office's decision to deny you benefits (65 days if you received the notice by mail).

To learn about appealing a denial of retirement benefits, see Social Security, Medicare & Government Pensions, by Joseph Matthews with Dorothy Matthews Berman (Nolo). To learn about appealing a denial of disability benefits, see Nolo's Guide to Social Security Disability, by David A. Morton III, M.D.

Time Involved in an Appeal

In many situations, the appeal will require little more than your taking another opportunity to explain why the information you already presented should qualify you for a benefit. In other cases, it will involve presenting one or two more pieces of information that better explain your situation to Social Security personnel.

How to Appeal

To appeal a denial of an initial claim, complete Form SSA-561-U2 (Request for Reconsideration). If you are appealing the denial of disability benefits, you'll also need to complete Form SSA-3441-BK (Disability Report -- Appeal).

If you have been receiving disability benefits and you wish to appeal a decision to stop your disability benefits, you'll need to use a different form. In that case, you'll complete Form SSA-789-U4 (Request for Reconsideration -- Disability Cessation) and Form SSA-3441-BK (Disability Report -- Appeal).

Copyright 2007 Nolo

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