SSD SSI SSDI denied? Get legal help from SSD Lawyers

Anyone filing a disability claim is instantly met with a confusing, multi-layered process. One thing you should always remember is a negative outcome can almost always be met with an appeal.

Appeals are offered to Social Security disability applicants at every level, except federal district court. When claimants lose in federal court, their options are to end attempts at benefits or to start a new claim, provided that’s done within 60 days of the denial date. Initial appeals are known as a reconsideration, which must be filed within 60 days of the original denial date.

Claimants who lose the initial round have an option to have a hearing before an administrative law judge. As is the case with a reconsideration, this hearing request must be filed within 60 days. The third level of appeals is known as a review, which is handled by an appeals council. These hearings are held either in Falls Church, Va. or Baltimore. An appeals council reviews a judge’s decision either for technical errors or broader issues, such as failing to consider evidence made available at the time of the hearing.

An appeals council can take one of three actions: reverse a judge’s decision and grant approval, remand a case for a second hearing or deny the claim.

The last route for the appeal of a disability case is an appeal to a federal district court. This option is only available when an appeals council has denied a claimant’s case.

Once someone’s affected by a disability that inhibits their ability to work, one of the first things they attempt to determine is whether they meet the eligibility guidelines for receiving disability benefits. As with many situations involving government benefits, determining eligibility means conducting adequate research and preparation.

To be eligible for Social Security disability, a person must have medical evidence that provides they have: 1) a physical or mental condition that’s severe; 2) a condition that limits their ability to work; 3) a condition that prevents them either from working completely or prohibits them from earning enough to exceed the substantial gainful activity income threshold and 4) the disability must have lasted for one full year or a doctor must project that it will eventually last at least a year.

It’s also important to note that Social Security benefit eligibility takes into account a person’s ability to perform what’s known as “substantial gainful activity.” This governs the amount a person may earn monthly while still meeting the requirements to begin to receive or continue receiving disability benefits. The amount of earnings a person may have depends on their disability; blind individuals can earn $1,640 a month, whereas someone claiming any other disability is limited to $1,000.

Anyone who meets these requirements will be able to receive Social Security benefits, as long as medical records documenting the case – preferably consisting of detailed statements from one or more treating physicians – are presented that demonstrate the claimant’s functional limitations and inability to sustain employment.

The initial decision on who qualifies for Social Security benefits is made by a disability examiner. This person reviews an applicant’s entire medical record, then consults with medical and mental experts before rendering a decision. This same process is followed if a person is initially denied and files a request for reconsideration, the first level of appeal.

A claimant who does not prevail on the first level of appeal may then request a disability hearing in front of a disability judge. This judge’s determination process is similar to a disability examiner, except for the fact that a judge actually meets with an applicant and his or her attorney. Claimants are asked a variety of questions about their medical and work history in an effort to determine whether they can either return to their previous job or perform another type of work.

Given the fact that judge’s conduct a thorough examination of claimant records, we recommend anyone applying for disability benefits gather their work and medical history in advance. The Social Security Administration will ask you to provide work history for the last 15 years, so it’s advisable to come to an application interview with that information. In addition, it’s advisable to prepare a history of treatment related to the disability for which you’re claiming benefits. This includes names of doctors and all medical facilities as well as dates of treatment.

The application process for Social Security disability benefits involves comparing your present physical and mental capabilities with the requirements of past jobs to determine whether you meet the Social Security Administration’s disability guidelines.

As we’ve discussed before, individuals are allowed to work while they’re either waiting for a decision on a disability application or after one is approved, provided their earnings don’t exceed the $1,000 monthly cap under the substantial gainful activity rules. It’s important to note, however, that part-time work can translate into a red flag to disability adjudicators. Given that, we thought it beneficial to go over some questions that often arise.

The first question examiners will likely ask is whether a claimant is able to work more than their current hours and whether the current work earnings are less than the SGA cap of $1,000 monthly simply because those hours were reduced either by the claimant themselves or their employer. Secondly, if a claimant is filing for disability on the basis of a mental impairment, a key question is whether the ability to maintain even part-time sustained employment detracts from their position that they are disabled according to Social Security disability criteria. In other words, if someone’s able to regularly go to work, that may call a disability claim into question.

Another issue that often doesn’t get noticed in conjunction with part-time work and applying for or receiving disability benefits is whether or not the claimant has received more disability benefits than to which they were entitled. In many cases, someone on disability goes back to work, thinking that they have told Social Security all the necessary information about their employment, only to find out that their benefits are terminated due to an overpayment. The biggest issue in these cases is not only the loss of disability benefits for a period of time but also the loss of Medicaid access.

It’s also worth noting that part-time work for people already receiving disability often triggers a continuing disability review. In other words, going back to work and having your part-time earnings periodically exceed the SGA cap can trigger a review of your claim. In this case, it’s possible that benefits may be halted, even more so if someone’s receiving benefits because of a mental impairment, because engaging in regular, recurring work can call someone’s claim into question.

Of course, many on disability or supplemental security income are forced to work because disability benefits themselves are too low for them to survive. While part-time work won’t always cause issues, it’s important to remember that there are risks in part-time work and that engaging in work activity will likely mean a review at some point in your claim process.

Unfortunately, most initial applicants for Social Security disability or supplemental security income disability benefits will be denied. Given this unfortunate fact, most applicants will have to decide whether to make a new application or file an appeal. This article’s designed to guide you in making the best choice for your particular situation.

There are some situations where filing a new application will be the best option; however, for most, the best course of action will be to start the appeals process. The majority of appeals will eventually find their way to the docket of a judge at a disability hearing, which means preparing for a hearing is a wise course of action.

Simply put, the best course of action is to prepare thoroughly, keeping in mind what happens in the course of an appeal. It’s worth remembering the Social Security Administration doesn’t gather additional records on your behalf. While records are gathered and reviewed following an initial claim, once a case is transferred to the Social Security Administration’s Office of Hearings and Appeals, no additional records will be gathered and no work will be done on your case until it’s actually assigned to a judge and hearings are scheduled.

Once a hearing is schedule and a claimant appears before a judge, that judge will decide the case based on information already in the file. Given the fact that even the newest records in the file could at this point be several months old, the most important part of preparing for a hearing is gathering your most recent medical records. You’ll have at least 20 days advance notice before your hearing, but in many cases at least 30. Use this time to request copies of medical records from all your providers. Once they’re received, make a copy for your records and submit another copy to the administrative law judge assigned to your case.

Another wise step is acquiring statements from doctors who’ve treated you in the past that support your claim. To have an impact, all letters must be detailed and explain the specific impact that your medical condition has on your ability to work. Medical record documentation is also extremely important. Make sure that you obtain every note from every doctor or hospital, as this becomes part of your medical record, as well as any lab work or medical images.

Finally, while it’s a more expensive route to take, hiring a qualified attorney specializing in disability cases will mean much less work for you. They will almost always take care of reviewing a claimant’s Social Security file, determining the medical record updates that should be obtained and gathering them for you, handling all records and submitting them to a judge on your behalf, gathering supporting statements, reviewing your Social Security file and pertinent medical records, advising an applicant prior to a hearing and representing you at a disability hearing.

In many cases, individuals who’ve filed a disability or Social Security disability application and are initially denied make the mistake of not filing appeal. While the reasons for this range vary, every applicant owes it to themselves to pursue an appeal.

Just the name “appeal” can often seem daunting, but in reality it’s a relatively simple process. Since the law gives you two months to complete a process that will generally only take about 45 minutes, it’s definitely something that most can fit into their schedule.

As far as where to start, initially everyone needs to contact their local Social Security Administration office and indicate you wish to start the appeals process, at which point the necessary forms will be mailed to you. The next steps are simply to fill out all required forms and enclose all necessary documentation. This can include a doctor’s diagnosis or other medical forms, as well as any accompanying diagnostic reports. The more information you include the better, as failing to provide all the necessary documentation can severely impact your chance for success.

For those who hire an attorney to represent them, make sure you fill out the Appointment of Representative form, which will be sent to the Social Security Administration and prompt them to send your attorney a copy of everything mailed to the claimant, including decisions on your case. Of course, it’s worth noting that hiring an attorney can be a wise step from the beginning, if your budget allows.

The most important thing to remember when filing an initial claim as well as an appeal is to never give up and ensure you or your attorney does everything to properly document your case. Following these two simple steps will greatly enhance your chances.

One of the most confusing aspects of rules governing disability claims involves how much one is allowed to earn in wages and still be eligible for Social Security Disability or Supplemental Security Income disability.

While it can be confusing to make the distinction between the rules of Social Security disability Title II benefits) or Supplemental Security Income disability (Title 16 benefits), the most important thing to remember is that there’s no real difference from a practical standpoint. …