Appealing a Denial of SSDI Benefits

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The Social Security Administration (SSA) receives countless applications for disability insurance (SSDI) every year, and the fact is that many applications will be denied. This does not mean that the individual will never receive benefits; it just means that they will have to start the appeals process

The first time an application is received, it is referred to as the initial application. If that is denied, the claimant can move on to the reconsideration level. At this level, the applicant can submit new evidence to prove their disability and their case will be reviewed by the Disability Determination Services (DDS) at the state level.

If the reconsideration is denied, the applicant can take their case to the Office of Disability Adjudication and Review (ODAR). ODAR has the right to present medical experts at the hearing to dispute the applicant’s claims. The case will be heard before an administrative law judge and is a fairly informal hearing. The judge generally asks questions about the disability, how it limits work, and asks about medical history and treatments. The judge will then make a decision that is termed fully favorable, partially favorable, or unfavorable. If the decision is not fully favorable, the next step is to go to the Appeals Council, which will review the case to make sure there were no errors in the lower courts. The final stage of appeals, if necessary, is federal court.

It is important for applicants to always make sure they have completed all the necessary paperwork and have provided more than enough evidence to prove their disability. The process can be lengthy and frustrating, so patience and organization are key factors to a successful claim for benefits. Applicants are highly encouraged to seek the services of an attorney to successfully navigate through the appeals system. SSDI benefits are too important to not have legal help.

Workers with Disabilities Seeking Employment

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Workers who are receiving benefits through the Social Security Disability Insurance (SSDI) program are still eligible under certain situations to work. Many people enjoy working and are only receiving SSDI because they don’t have another way to support themselves because of a disability. There are many programs offered by the Social Security Administration (SSA) to help workers retain some of their independence as workers while still receiving benefits needed to pay the bills.

The Ticket to Work program offers free vocational training, job search referrals, and other employment services to individuals who want to work to the best of their ability. This is an excellent choice for those who need to keep their benefits but still want to work in some capacity. Under the Ticket to Work plan, workers will not be penalized if they start working and then have to leave their position. Eligible beneficiaries are given a “ticket” to work with a variety of Employment Networks (ENs) who will then help them find work opportunities. Every EN has the right to choose which “ticket” holder they will work with, and the “ticket” holder has the right to change to a different EN at any time.

The Work Incentives Planning and Assistance (WIPA) Program is in place to help beneficiaries of SSDI make decisions about working and where to find the appropriate resources. They can provide valuable information such as the income limits for workers receiving SSDI and whether working will affect their health benefits such as Medicare.

The SSA provides workers with opportunities to work for many reasons. One is for additional income to pay for expenses beyond those that SSDI cover. Another is to give workers a sense of independence despite their disabilities. Dealing with SSDI can be legally confusing and recipients should consult with an attorney before making any changes to their life situation.

Living on SSDI Benefits

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For many recipients, Social Security Disability Insurance (SSDI) is their only or main source of income. They must be careful to budget the money to cover all of their necessary bills. There are some tips that can make living on SSDI easier, including:

• Apply for other benefits such as food stamps, Medicare, lower cost prescription drugs, or assistance with energy bills; often people on SSDI will qualify for other social programs because of their restricted income
• Investigate the legitimate ways to earn additional income either from home or in a different industry without affecting SSDI benefits; the Social Security Administration (SSA) has many programs that encourage SSDI recipients to supplement their income with work
• Consider downsizing to save on rent, car payments or transportation costs, and entertainment costs
• Take inventory of all household goods and sell anything that is valuable and not needed
• Keep track of where the money goes with a strict budget and cut out unnecessary costs
• Only buy items that are needed; check secondhand stores or other charities for gently used items in good condition
• Try to find any volunteer positions that will “pay” for services with goods such as food, household items, or other needed items
• Use the library for books, movies, newspapers, magazines, and Internet use
• Try to find other sources for free entertainment through city programs.

There are some necessities that individuals should always be able to pay for, such as shelter, food, and clothing. Medicine and health care are also extremely important, especially for a disabled person who is managing an injury, disease, or medical condition. If a recipient is having difficulties meeting these basic needs with their SSDI, they should contact the SSA for assistance. An advocate or attorney can also assist with the process.

Working While Receiving Social Security Disability

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When receiving Social Security Disability benefits, it is possible to work if you are able. The Social Security Administration’s Ticket to Work Program allows recipients to get training and other services so they can meet any goals they have.

The program allows individuals to find an appropriate job and to continue getting their Social Security Disability and healthcare benefits. In fact, a rule known as “work incentives” allows those in the program to keep all income earned while they try out a new job to see if it is a good fit.

For Social Security Disability recipients, a trial work period gives full recipients; they only have to let the administration know about work activity while they still have an injury or illness. This period lasts until one works nine complete months during a 60-month period, according to the Social Security website. After this period, Social Security Disability benefits will cease for any months one earns “substantial” income (This differs from year to year).

Benefit recipients can go to an employment network or state vocational rehabilitation agency to learn more about the program and other services. Please note that the program also allows one to use other programs to get back into the work world.

How To Apply For Social Security Disability Benefits If You Are Mentally Ill

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Social Security Disability Income may sound as if it is only available to those who are injured or sick, but it is also available to individuals suffering from mental illness. However, it is harder to win a claim for mental illness since the symptoms are harder to assess and not as visible as an illness or injury.

It is important to know that examiners are not psychiatrists and go by a “blue book” of impairments. Some impairments may not be listed in this guide and a claim will automatically be denied. Even if your condition isn’t listed in the book of impairments, you can also prove that it is disabling enough to not let you work for at least a year.

When filing, work with a knowledgeable expert such as an attorney or advocate who is well-versed with helping people file Social Security Disability claims. They can help you gather all of the required information that you will need such as medical history, work history and other pertinent information.

Many claims for those with mental illness are denied, but take heart that there is always an appeals process. People with severe mental illness may be unable to function in a work environment and could be eligible for medical vocational allowance.

A Social Security Disability Representative Won’t Break Your Bank

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If you have a Social Security Disability Income claim that was denied and are going through the appeals process, you may find yourself wanting to hire someone with experience to represent you so you can win your case. However, you might be worried about how you would pay him or her since you are already strapped for money.

The good news is that hiring someone such as a lawyer or an advocate will not break your bank. The representative is paid after a case is won. The representative can only receive 25 percent of back pay from a claim; this fee is usually capped at $5,300. It is important to know that the representative will also receive his or her fees before money is sent to the individual who filed for Social Security Disability.

If you are not knowledgeable with Social Security, then it might be a good idea to hire someone to represent you. A qualified representative will make sure that you have all the information needed for your case. They can only increase your chance of winning a case and that is truly invaluable to anyone who is suffering from an illness or injury.

Don’t Miss Your Social Security Disability Hearing

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While some appointments are easy to miss – an appointment for a root canal or even a yearly physical at your doctor’s office – skipping a hearing for Social Security disability is highly frowned upon.

A Social Security hearing is very important for winning your benefits. Think about this: you took all the time to fill out your application, waited for months for a decision and were denied. Going through the appeals process takes time. Skipping a hearing looks very bad on your part since an administrative judge does preside over the case. If you miss your hearing, you might have to start all over on appealing a decision. The case will be dismissed and you will further be without benefits.

Some have missed hearings simply because they did not know about it. When filing the appeal, make sure you provide your current contact information such as phone number and address.
If you do have a good reason for missing a hearing, such as your car breaks down or you are very ill, do not fret. Your hearing can be rescheduled, but it could take a few months before you stand before the administrative judge. But don’t miss it for any other reason other than a true emergency.

Denied Social Security Disability? Don’t File A New Application – Appeal Instead

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Being denied Social Security Disability Income benefits is disappointing to anyone. However, it is very common for most claims to be denied. While it is highly recommended for people to appeal a decision if they feel it is wrong, some individuals decide to file a new application altogether. This is actually a huge mistake.

In fact individuals who file a new application hurt their chances of winning benefits. Even if the application is new, it will just be denied time and time again. By doing this, they will also give up chances of ever filing for appeal if they decide to take that option. It is much easier for one to simply begin the appeals process instead. While one might have to go through several parts of the appeal process, if the case goes to a hearing then the individual has at least at 60 percent chance of winning if they are represented.

When filing an appeal, it is a good idea to have a representative such as an attorney or an advocate who is well-versed in working with Social Security cases. Their guidance can only help your case.

The Appeals Process For Social Security Disability

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If you have recently been denied for Social Security Disability, then there is no better time than right now to begin the appeals process.

Once you receive your notice in the mail that you have been denied for benefits, you have to make a request for an appeal in writing before the end of 60 days from the day you received the letter. If your claim for Social Security disability was denied because of medical reasons, you can request an appeal at the Social Security Administration’s website at www.socialsecurity.gov.

During the appeals process, you may go through several areas of appeal. The first is reconsideration, when your claim is completely reviewed. You do not need to be present for this process. If you disagree with the reconsideration decision, you can request a hearing by an administrative law judge. This is when you may be asked to gather more information for your case. It is usually best to have someone such as a lawyer or an advocate represent you at a hearing since they have experience working with Social Security claims.

If you disagree with the decision made during your hearing, the next step is a review by the Appeals Council. The council will examine the request to determine if the decision made at the hearing was right. The council will either decide your case or send it back to the administrative law judge. If you then do not agree with the council’s decision, you can file a lawsuit in federal court. Or work with an advocate who can assist you.

A Brief Overview of Supplemental Security Income

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Supplemental Security Income is a program from the Social Security Administration that helps those 65 and older, visually impaired, or with little or no income get extra funds to help pay for food, clothes and housing.

If qualified, Supplemental Security Income allows one to receive at least $674 monthly. Several states give additional supplemental income. Some states also allow recipients to also receive medical assistance, food stamps and Section 8 housing.

The program reviews how much income and what resources one has when applying. The limit on income depends on the state one resides in. It also includes how many people live in the home with the person. Resources include money or anything that can be sold such as art, investments or properties. The limit for resources is capped at $2,000 for single applicants.

The cap is at $3,000 for those who are married; it does not matter if a spouse is eligible for the income. Individuals are allowed to continue working while getting benefits.