Cavey Barrett Blog

No. 10 - I've been denied Social Security Disability benefits. Can I appeal?

Absolutely. Your notice of denial will provide you information regarding how you go about filing an appeal.

There are some things that you need to be aware of:

(1) The majority of Social Security Disability claims are denied. Nationally, about seven out of 10 initial claims are denied and eight out of 10 requests for reconsideration are denied. In Florida, the denial rate is approximately 64.9 percent;

(2) A large percentage of Social Security Disability claimants who are denied and who decide to appeal are eventually approved for benefits. Follow Winston Churchill's famous statement, "Never give up!"

(3) At each step of the disability evaluation process, you have the right to file an appeal if you've been denied. At Cavey & Barrett, we can assist you with filing the necessary paperwork and make sure that your appeal is timely filed;

(4) The disability appeal has to be filed within 60 days of the date of the denial. Unfortunately, Social Security Administration is rather strict about holding you to that 60-day timeline;

(5) The first appeal takes about 60 to 90 days, and you should expect to be denied;

(6) The request for reconsideration also takes about 60 to 90 days and you should expect to be denied once again;

(7) At the next stage, you can file a request for a hearing and, unfortunately, it will take 24 to 26 months to get a hearing. There are cases in which Cavey & Barrett may be able to get a request for a hearing put on a quicker basis if you qualify for a compassionate allowance.

Remember to appeal, appeal, appeal. Your best chances of obtaining Social Security Disability benefits are before the administrative law judge.

Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.