Most first applications for Social Security disability are denied. That is not a verdict on your claim; it is how the system works. The appeal stages are where a large share of awards are actually made, and the most damaging thing you can do with a denial is treat it as final.
How long do I have to appeal a disability denial?
Generally sixty days from the date on the denial notice. The agency adds a short mailing allowance, but do not build a plan around it. It is one of the strictest deadlines in the system.
Should I appeal or just apply again?
Appeal. Reapplying usually restarts the whole process and can cost you months of back pay, because back pay is calculated from your application date. Appealing keeps that original date alive. People reapply because it feels like a fresh start; it is usually an expensive one.
What does a disability attorney cost?
Fees in Social Security disability cases are capped by federal regulation and are generally paid only out of back pay, and only if the claim succeeds. There is normally nothing payable up front. This is one of the few areas where representation genuinely costs you nothing unless it works.
What is the difference between SSDI and SSI?
SSDI is based on the work credits you earned by paying in over the years. SSI is needs-based and does not require that work history, but does have income and asset limits. Some people qualify for both. The medical test for disability is the same.
Why was my claim denied?
Most commonly because the medical evidence in the file did not answer the question the agency asks. That question is not whether you are unwell. It is whether, given your condition, age, education and work history, there is work you can still do. A file full of diagnoses and short of functional detail — what you can lift, how long you can stand, how often you would miss work — loses.
Does it matter that I cannot do care work any more?
It matters, but not in the way people expect. Losing the ability to do the only job you have ever done is the start of the argument, not the end of it. The agency will ask whether you could do lighter work that exists in the economy. Age, transferable skills and education all feed into that, and past a certain age the rules become more favourable.
What should I gather?
The denial notice with its date. Every doctor, clinic and hospital that has treated you, with dates. Your medications and who prescribes them. Your work history for the last several years. Anything already sent to Social Security. Then ask your treating doctor for an opinion that addresses function rather than diagnosis.
More on the process is on our disability benefits page.
Where to get help
Unified Savers is free for California healthcare workers. Tell us what is happening and we will point you at the right kind of attorney for it: find a lawyer.
Unified Savers is not a law firm and not a lawyer referral service. This article is general information about how this kind of matter works in California, not legal advice about your situation, and reading it does not create an attorney-client relationship. Deadlines described here are general rules and exceptions frequently make them shorter.