Social Security Disability Benefits

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.

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.

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.

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.

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.