Letter Requesting an Appeal?
 

Just got denied my initial application. The denial letter says "You have to ask for an appeal in writing"
After they receive my letter, they will have me fill out the necessary forms to initiate the appeal. ("Request for Reconsideration" and also a "Disability Report-Appeal")

Has anybody else sent in a letter requesting an appeal? If so:
What did you include in the letter?
Did you go into detail about WHY you are requesting the appeal?
Anything I should 'not' say in the letter?

I guess I'm confused b/c I thought this is what the form SSA-561-U2 ("Request for Reconsideration") is for. Won't I basically be repeating myself by sending in a handwritten request AND the form SSA-561-U2?

Thanx for any input!

Rae

M lawyer did mine ..I don't know what he put ...sorry maybe someone else will step in ...

I think you can just file the appeal online and that satisfies the requirement to request an appeal in writing. Be sure you act before the time limit expires. I believe it is 60 days.

http://www.ssa.gov/online/ssa-561.html

http://www.ssa.gov/pubs/EN-05-10058.pdf

http://www.ssa.gov/online/ssa-561.html

You can call, drop by your local SS office or write stating you wish to appeal. Then, SS sends you the correct forms. If you were denied for a medical reason you can simply do the appeal online.

You can submit new medical evidence to help strengthen your case. Did you have an FCE performed? Did you have a Residual Functional Capacity form/s filled out by your doc/s? http://disabilityblogger.blogspot.co...-residual.html

If you don't have an attorney or a non-attorney rep, I'd recommend digging into the info here as well:
http://ssdfacts.com/forum/index.php/board,15.0.html

Lit Love gave you some good links. I need to read them myself.

When I was denied 1st time I thought I HAD to appeal through an
attorney so mine is being handled that way too.
They also want an Functional Capacity forms filled out by preferably 2 Dr.'s.

if I understand correctly, a 2nd denial means another appeal which is waiting for a hearing.

I don't know why but the first time I was denied, the rep told me it would be better for me if I reapplied and started over from scratch. They denied me at first because I was collecting unemployment...very confusing.

Tracy,

In many states, when you are collecting unemployment it is with the understanding that you are actively looking for a job and ready/willing/able to work. Unemployment checks are just supposed to tide you over until you find work.

That can be viewed as a conflict with applying for disability because you cannot work.

Starting over with a new SSDI application does mean that you would lose backpay for the period covered by the change in dates of disability, but any info about actively looking for work or being able to work in your previous records would affect your ability to get approved for disability for the original date. If your condition is worse now, a new application date makes sense.

As Finz stated some states do not allow you to be collecting UE while filing for SSDI. Some do. Research your state. Call your local UE office and explain your situation as a first step.

If you confirm that it is an issue, understand that prior applications will be included in the file of subsequent applications. You would need to apply after your UE runs out, or you could choose to voluntarily stop receiving UE. Then, with the second application your Alleged Onset Date would need to be after the UE stopped.

Thank you all for your help, LIT LOVE, for the links :hug:
The BLOG link is absolutely fantastic! Answers so many questions and easy to understand.

I am just a MESS over all of this. I live on a prairie in the middle of nowhere, so I'm having hard time finding representation, time is ticking toward the 60-day appeal deadline....

I've read that only a tiny percent (12% - 18%) of 1st-time appeals get approved, so I may as well just fill out the online forms, go thru the motions (knowing that I'm probably gonna be denied this time around)...and then hopefully I should have found representation by the time my ALJ hearing is scheduled........that is IF I don't lose my mind in the process

Sorry for the vent...I know most people who come here are frustrated, nervous, overwhelmed, etc. The support is very much appreciated, especially to those who have no other outlet......except for the prairie dogs maybe :rolleyes:

Rae

Hey Rae :)
 

I had just started collecting unemployment benefits in GA last May when I filed for SSDI. I called the Dept of Labor and let them know I had filed for disability....in GA you can draw unemployment until you are approved. When/if approved they take away from your disability payment for any weeks that overlapped and pay the unemployment pay back to the state. Since I was drawing from Federal on Dec 31 my unemployment stopped :(

Remember what I said in another thread.....when you file your appeal make sure the info you put is how you feel and what you can/cannot do on your worst day.

Please keep us posted :)

Debi from Georgia