You filed your initial application to receive Social Security benefits and were denied. You then submitted a request for reconsideration and were denied again. If you’ve been denied social security for the 2nd or even 3rd time, it still might not be time to throw in the towel.
And you’re likely not alone. A whopping 79% of initial Social Security applications are denied and 54% of claims are denied at a hearing. Here are some tips on what to do next if your Social Security disability claim is denied after several attempts.
Social Security Benefits Denied: What to Do
If your initial Social Security Disability claim is denied, the best thing to do next is start the administrative appeals process. Appeals can be submitted online or via fax, phone, or mail.
1. Reconsideration
If your initial Social Security application is denied and you disagree with the decision, you can submit a request for reconsideration with the SSA. The request must be filed within 60 days of receiving your denial letter (which is assumed to be 5 days after the decision date).
The SSA will close your claim if you do not submit your request within this time frame so do your best not to miss this deadline. The average processing time for a reconsideration review is around 7 months.
While reconsideration is an important step in the disability determination process, only 10-15% of requests will have a favorable result. But even if your Social Security application is denied a 2nd time, it’s usually best for you to continue to the next step in the appeals process rather than submit a new application.
This is because the SSA uses your initial file date to determine any back pay you may be owed. So by reapplying, you move your initial file date up, reducing the amount of backpay you may be awarded.
2. Hearing
After you’ve received your reconsideration denial, you have 60 days to request a hearing with an Administrative Law Judge (ALJ). You can attend the hearing on your own, but, at this point, it’s usually best to find a disability lawyer if you haven’t already.
A lawyer will understand the nuance of the hearing, what the judge will want to hear, and how to highlight the impact your disability has on your ability to work.
For many claimants, the ALJ hearing is their best chance of being approved for disability benefits. Approximately 45-50% of claims are approved at their ALJ hearing.
This is why it is usually encouraged to see the appeals process through, at least to this point. But it’s also important to note that, on average, the hearing process can take anywhere from 7-20 months before you receive a decision.
3. Appeals Council
Even if your Social Security claim has been denied for a 3rd time, you can still request an Appeals Council review within 60 days of an unfavorable decision from the ALJ.
The Appeals Council does not have to review your application but if they do, it will be because they determined that the ALJ made a legally reversible error. In this case, the Appeals Council will send your application back to the ALJ with review considerations.
The likelihood of success, however, does tend to diminish at this stage and is sure to add several more months to your processing time. It’s not always wise to take this step either. But a lawyer will help you determine whether it’s best to reapply or to take a chance with the Appeals Council.
Reapplying vs Reopening a Social Security Application
If you are reading this and kicking yourself because you gave up on your disability application or missed the 60-day deadline to appeal, know that there is still a way for you to get approved. You could either reapply by filing a new application or you may be able to reopen an application. This decision will come down to several factors.
Reopening
You can reopen your Social Security application but only under specific conditions. If your new claim is related to your old claim, reopening the old claim is likely your best option.
However, the old and new claims must overlap. In other words, the onset date of your new claim must be within a year or so of your initial application. An attorney can help determine if your new claim is related enough to reopen a previous application.
A major benefit of reopening an application is that you will be able to keep your initial file date, increasing the amount of back pay you will receive if your claim is finally approved.
Reopening your claim can be the best path to receiving disability benefits if your claim was closed after you were denied a 2nd time at reconsideration. But, if you were denied a 3rd time at the ALJ hearing, it may be time to consider reapplying.
Reapplying
You can reapply for Social Security benefits only if you do not have another claim open. If your previous application was denied after your ALJ hearing or the Appeals Council review, it’s best to take a moment to address any issues that came up before reapplying.
Even if you applied on your own, it’s not too late to contact a lawyer. If you reapply as soon as possible, your attorney might be able to establish an early “protective filing date,” which may affect your back pay.
Chicago Disability Discrimination FAQs
Attorney Larry Disparti of Disparti Law Group is a skilled Chicago, IL disability discrimination lawyer who is experienced with successfully helping people with Social Security Disability claims. Larry founded the firm in 2004, and since then the firm has grown to over 30 attorneys and 120 employees. If you need help with a denied disability benefits claim or other disability, employment, personal injury, or workers’ comp claim, contact us today. We’re here to help you move forward.
How Hard Is It To Prove Disability Discrimination?
Proving disability discrimination can be difficult but thankfully, it is not impossible. It usually requires evidence showing that you were treated unfairly due to your disability. This could include written communication, performance reviews, witness testimony, or patterns of unequal treatment. Timing also matters—such as being terminated shortly after disclosing a disability. Documenting events as they happen and keeping records of interactions with your employer can support your case and increase your chances of a successful outcome.
What Are The Different Types Of Disability Discrimination?
There are different types of disability discrimination. These include direct discrimination—such as firing or demoting someone for having a disability—and indirect discrimination, like applying policies that disproportionately harm employees with disabilities. Other examples include failing to provide reasonable accommodations, harassment based on disability, or retaliation for asserting rights under the Americans with Disabilities Act (ADA). Employers are required to treat disabled workers fairly and make accommodations when it doesn’t cause an undue burden.
What Can I Do If My Disability Claim Is Denied?
If your Social Security Disability claim is denied, you have the right to appeal. The first step is to request a reconsideration within 60 days. If that is also denied, you can request a hearing with an Administrative Law Judge. Many claims are approved during this stage, especially when applicants are represented. As a Chicago disability discrimination lawyer, we regularly help people through the appeal process to give them the best shot at success.
Where Can I File A Complaint If I Face Workplace Disability Discrimination?
If you believe your employer discriminated against you because of your disability, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). In Illinois, you may also file with the Illinois Department of Human Rights (IDHR). There are time limits for filing—typically 180 or 300 days from the discriminatory action—so it’s important to act quickly. An attorney can help you file properly and protect your rights throughout the process.
Can Advocacy Groups Help If I Can’t Afford A Lawyer?
Yes, several advocacy groups offer help if you can’t afford legal representation. Many states have Protection and Advocacy (P&A) organizations that support people with disabilities in legal matters, including discrimination claims. Nonprofits and legal aid clinics also assist with Social Security Disability applications and appeals. While these resources can be helpful, working with a law firm may give you access to additional support throughout your case.
Talk To Someone Who Understands
Disability discrimination and denied claims can leave people feeling isolated and overwhelmed, but you don’t have to handle it alone. Whether you’re facing issues at work or trying to appeal a denied SSDI claim, we’re here to listen and help you take the next steps. If you are in need of a trustworthy Chicago disability discrimination lawyer, we have 24/7 live answering and offer free case consultations with no obligations.
Contact A Disability Lawyer Today
Contact a Social Security disability lawyer at Disparti Law Group Accident & Injury Lawyers today to find out why our hearing approval rate is 25% higher than the national average. We take every case seriously, knowing that the path to receiving disability benefits can be a frustrating journey.
Let us come alongside you and turn your “denied” into an “approved. For a FREE case review, call (312) 600-6000 and find out why thousands say… Larry wins!
