I was denied Social Security Disability for the 2nd time. What process should I take to file a 2nd appeal.

Asked over 4 years ago - Walnut Creek, CA

I need to file a 2nd appeal for denial of Social Security Disability. Is it worth my effort. Should I request a hearing? I have no further information to add to my claim. I have diabetes, depression, rare skin cancer and all the meds I take make me feel terrible. Please advise. Thank you.

Attorney answers (2)

  1. Michelle Rene Gottesman

    Contributor Level 12

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    Answered . Most initial applications for Social Security disability benefits are denied and filing an appeal is necessary. Of course, there are circumstances where even an appeal will not result in a finding of disability and an award of benefits, but the vast majority of claimants I speak with do indeed have a strong basis for an appeal.

    Additionally, most claimant's medical files are complete at the time of the initial determination; the problem is that the records often don't "say much." Doctors rarely provide legible detailed notes on a patient's specific limitations, and Social Security doesn't request anything more. For my clients, I request all the updated medical records as well as a detailed opinion of the claimant's residual functional capacity.

    An appeal must be filed within 60 days of the date on the Notice of Disapproved Claim. If you are close to the deadline, I would advise you to file the appeal as soon as possible in person. Then, you can contact an attorney who has experience with Social Security disability appeals. If after consulting with such an attorney you decide an appeal isn't appropriate, you can always withdraw it. However, if you miss the deadline, you must file a new initial application.

    If the deadline is not close, you should meet with an experienced attorney who can file it for you.

    If my answer was helpful, please rate it accordingly. If you have more questions, please contact me directly.

  2. Stanley Dale Radtke

    Contributor Level 14

    Answered . Without reviewing your file, it would be difficult to give you any advice on your claim. I would be happy to discuss your disability claim with you further.


    Stanley Dale Radtke, Esq.
    220 Montgomery Street, Suite 416
    San Francisco, CA 94104
    415-252-1234

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