Social Security Disability Benefits

What happens if you have applied for Social Security income because of your disability and you were denied by the Social Security Administration? What you may not be aware of is that the letter you received in the mail is not the final word. You can move through the appeals process and there is a possibility you will be approved.

You have 60 days to file an appeal after you receive your letter which is called the initial denial. Reconsideration is the next level of appeal. You can pick up forms at your local Social Security office, request them by mail or check online. The Reconsideration request is reviewed by a different set of employees and not the ones who first reviewed your request.

Many people give up after they are denied a second time. However, you have 60 days to request a hearing before an Administrative Law Judge. The judge will hear from the claimant and any witnesses. The judge does not work for the Social Security Administration and decides based on the evidence presented.

If the judge denies the claim, you can appeal to the Appeals Council. A claimant can appear before the council if the council agrees to review the case. If the council will not review the case or if the case is denied, you can file in the U.S. District Court. If the court sides with the claimant, the case is sent back to the Administrative Law Judge.

The appeals process can take more than a year and involves several complicated steps. If you don’t meet the deadlines your claim can be denied and you will have to file your claim again. Many people hire an advocate or attorney to help them with their appeal.

If you filed for SSDI and your claim was denied, do not give up hope. You can fight back! There is a detailed appeals process that you can go through to ultimately have your claim approved. The SSA receives so many applications for disability insurance per year, and unfortunately not every claim is genuine. This is why they are very cautious when approving a claim and have a high rate of denying first time applications.

The first step to an appeal is to make a request that you want to appeal the decision, in writing, within 60 days. This is extremely important: DO NOT DELAY! There are four steps to an appeal:

1. Reconsideration – a complete review of the claim by an impartial party who did not take place in the original investigation
2. Hearing by an administrative law judge – the applicant may be asked to provide more details to support their case; the hearing will take place in person or via video
3. Appeals council – you may request a review by the Social Security Appeals Council; however, this request can be denied
4. Federal Court – you may take your case to a federal district court.

The appeals process can be very complicated and most applicants benefit from the help of an attorney, especially if their case is repeatedly denied and must finally be taken to court. There are several key steps to filing that must be accurately completed, which is much easier to do if a lawyer is handling the case. The legal help is referred to as your “representation,” who is then allowed to work directly with the SSA on your behalf.

If the Social Security Administration denies your claim for Supplemental Security Income, you have the right to ask them to look at your case again.

There are four levels of appeal. When your case is denied, Social Security will send you a letter telling you which kind of appeal is right for you. You also have the right to hire a professional to assist you with the appeals process. Your lawyer, or representative, cannot legally charge you a fee without getting written permission from the Social Security Administration.

A lawyer can help you to get information from your Social Security file, collect information such as medical records that will help to support your disability claim, and accompany you with any meeting or hearing with the Social Security Administration. You may choose any lawyer or other person as your representative; there are many agencies that provide free legal services to people who qualify. Once you have chosen your representative, be sure to tell the Social Security Administration by filling out Form SSA-1696-U4, Appointment of Representative, which can also be found at your local Social Security office.

The four levels of appeal (through which your representative can help guide you) are:

1. Reconsideration: A complete review of your case by someone who did not make the first decision. Social Security will look at all evidence submitted in the first round of review, as well as any new evidence you and your representative submit to the agency.

2. Hearing: If the reconsideration is not successful, you or your representative may request a hearing. The judge will ask you for new information and evidence about your case. Other witnesses, such as medical professionals, are also allowed to be present. You or your lawyer has the right to question any witnesses. It is always to your advantage to attend the hearing along with your lawyer.

3. Appeals Council: If you disagree with the hearing decision, you or your lawyer may request a review by the Social Security’s Appeals Council. The Appeals Council has the right to accept or deny this review. If they accept the review, the council may make a decision itself or return your case to an administrative judge.

4. Federal Court: If the Appeals Council denies your case or decides not to review it, you can file a lawsuit with a federal court. Your appointed legal representative can help you make this appeal.

Many workers who apply for Social Security Disability Insurance (SSDI) will be denied. The SSA receives an overwhelming number of applications and must sometimes make hasty decisions. The applicant has the right to appeal the denial through a serious of processes designed to reverse the denial from the SSA if the applicant truly has a disability preventing them from working and can prove it. The SSA is very strict about their decision making process to prevent people from fraudulently receiving disability benefits that they truly do not need or deserve.

The initial step in the appeals process is called a reconsideration. The applicant will complete the reconsideration forms and then the SSA will send them to the State Disability Determination Services office where the applicant lives. This office will review the applicant’s medical records and other evidence and then make a decision or determination about their application. The applicant is allowed to submit additional information in addition to the documents from the first application. If the application is denied, the second step is called a hearing.

The applicant will complete a request for hearing by an administrative law judge and an appeal disability report. These forms will be sent to the Office of Disability Adjudication and Review. The office might request further information from the applicant to clarify their claim of disability. The applicant can also request a face to face meeting with a judge. If the claim is again denied, the next step is a review with an appeals council.

The Appeals Council Review will appoint someone in their office to review the applicant’s medical records and make a determination about benefits. It is the right of the Appeals Council to deny the request for a review if they believe that the previous hearing resulted in a proper and legal ruling.

The final step to the appeals process, if necessary, is filing a case against the SSA in federal district court. The applicant must be represented by an attorney for this action. A district court judge will hear the case and make a ruling about SSDI for the applicant.

Those who file any type of appeal must be meticulous with their recordkeeping and be able to provide medical documentation of their disability. They must also be patient, as the appeals process can be lengthy and frustrating.

SSDI can provide regular monthly payments to eligible recipients. This can be beneficial for those who must live on a fixed income as they will know how much money to expect every month for budgeting purposes. The SSA is also able to provide annual cost of living increases that may be tax free under some circumstances.

SSDI beneficiaries are eligible to receive Medicare Part A (hospital), Part B (medical benefits), and Part D (drug benefits) after 24 consecutive months of receiving SSDI. The age of the recipient is not a consideration. Paying for private healthcare coverage can be nearly impossible for disabled workers, so this is a much needed benefit. Beneficiaries should also look into other types of aid to help pay for housing, food, and education. For those who want to work in some capacity while still receiving benefits, the SSA provides job opportunities and training programs. In addition, money earned while on disability will not adversely affect the person’s retirement benefits.

Dependents of a disabled worker such as a spouse or minor child may be eligible for benefits as well since their head of household is unable to provide a living wage for the family. In special cases, this benefit can possibly be extended to stepchildren or grandchildren.

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.