Social Security Disability Benefits

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.

Applying for SSDI can be a lengthy process. Applicants must be very organized and prepared with all of their paperwork and documentation. The first step is to apply online at http://www.socialsecurity.gov/disability. The applicant can also apply over the phone or make an appointment at a local Social Security office to apply in person. No matter how you apply, this is the application date. Requests for SSDI generally take 90 days after the application date to be processed and approved or denied. If the claim is denied, the applicant should investigate how to appeal a denial.

Once approved, SSDI benefits will continue as long as you are disabled and meet all of the other eligibility requirements. The SSA has the right to review your case at any time to make sure you are not committing any type of benefits fraud. The timing of your review depends upon your disability. In general, if you medical condition is “expected” to improve, a review will take place within 6 months of the initial SSDI payment. If you medical condition will “possibly” improve, a review will happen within 3 years. If your medical condition is “not expected” to improve, you can expect a review within 7 years.

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.