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I Applied and I Have Been Turned Down- Now What?

Don’t give up hope yet.  You can appeal the decision of the Social Security Administration.  It is very important that you appeal the decision within 60 days.  If you fail to do so you will have to refile a new application, unless you can show just cause, and you may lose valuable past benefits.

With SSD you can receive benefits up to a year before the date of your application if your disability began at least a year before you applied.  With SSD you cannot receive benefits for the first five months of your disability period.   So if you apply for SSD and you have been disabled for at least 17 months it is to your advantage to put the date of your disability 17 months prior to the date of your application.

With SSI you cannot receive any benefits before the date of your application even if you were disabled for a period of time before you applied for SSI.   However, there is no waiting period to receive SSI benefits once you are approved.

Once you appeal the decision you will have the opportunity for a hearing in front of an administrative law judge.  There used to be a step called reconsideration in New York before you had your hearing, but the step has been eliminated.  Now the agency may be bringing reconsideration back to New York.  This is an extra step in which the agency reviews your case to see if you should receive social security disability before you actually go through with a hearing.

Please remember that this is just general information, and everyone’s situation is unique. This article should not be considered legal advice.