The confusion and lack of information regarding application for successful approval for disability benefits has spawned lots of misconceptions about the whole disability benefits process. That is why most of the people hesitate to even file a claim even if they are qualified. For those claimants who have diminished trust with the system, this article may be worth reading.
Many are led to believe that the SSA automatically denies all applications the first time. To answer that myth, there is no regulation or policy that controls the SSA disability system in such a way that all initial applications get automatically denied. It is a fact that 60 to 70 percent of these applications get denied, but only because claimants never realize what they should do to improve their chances of winning the benefits. More so, claimants do the mistake of filing new applications in response to claim denials instead of appealing.
Another myth surrounding social security is that the SSA denies disability claims often in order to save government money. Definitely this is not true. Disability examiners use specific policies in relation to quality control for approving and disapproving claims so as to make sure that the decisions do not get corrected once the finished cases get screened for final approval. More often than not, disability examiners tend to be quite unyielding whenever they wish to approve a claim, for worries that returned cases for corrections may affect their job performance. The effect therefore is that quality control has an impact on the number of disapproved cases. It is simply unintelligent then to think that the government attempts to save money by denying rightful claims.
There is another misconception though regarding the age at which you applied for your disability claim. There is no general ruling for any age limit at which a claimant may get approved for disability. It is just more favorable for older people to win SSI benefits, but generally, a claimant's case is decided on the substantiality of the medical evidence presented, and the capacity of the person to return to his past work, or to be engaged in some other types of work.
People may only understand so much about the intricacies of the whole system. But if you really are pursing a claim and wants to be sure of all the right information about its procedures, it is a sound advice then to seek assistance from a legal representative or attorney.
Social Security And Disability
Did you know, many people are denied Social Security benefits due to insufficient documentation? To support your case for Social Security benefits, document your symptoms and write down how your disability affects your job performance. Keep documentation of every doctor's visit, record the dates of your visits and keep track of medical records from your doctors and your laboratory and test results.
More than half of people who apply for Social Security are denied Social Security benefits at the initial application level. There are many reasons why you may have been denied Social Security Disability.
Reasons You Might be Denied:
- Insufficient medical evidence
- You are working and earn more than $940 a month
- Your disability will not last at least 12 months
- You did not follow the treatment prescribed by your doctor
- You did not submit the SSA or DDS's requests for information
I was Denied Social Security Benefits, Now What Do I Do?
Remember, you have the right to seek legal representation to help with your disability application, appeal or reconsideration request. If you are denied Social Security Disability, remember don't give up! There is an appeal process.
1. Apply for Reconsideration:
You should first apply for reconsideration of the denial. This appeal must be filed within 60 days of the date of the application denial. A request for reconsideration involves an informal hearing within the Social Security Office where your application was processed.
For Reconsideration, You Must:
- Complete an Appeal Disability Report
- Complete a Request for Reconsideration
- Send the forms to your local Social Security office
Approximately 85% of reconsiderations are denied. If your reconsideration is denied, the next step is to go to a hearing.
2. Attend an Administrative Hearing:
You have 60 days from the time you receive your Social Security disability denial to request a hearing.
To request a hearing, you will have to complete:
- A Request for Hearing by Administrative Law Judge
- An Appeal Disability Report
Both of these forms can be completed on the internet on the Social Security Disability's website.
In an administrative hearing, an Administrative Law Judge (ALJ) will make an independent review of your application and make a decision of your claim.
3. Appeal a Denied Social Security Claim:
If you lose at the hearing level, the next step is the Appeals Council Review. To begin the process, complete the Request for Review of Decision/Order of Administrative Law Judge and send it to your local office.
The Appeals Council rarely grants disability benefits. However, they will determine if your hearing was fair or not.
4. The Federal District Court:
If the Appeals Council refuses to review your case or denies your disability appeal, the last step is to take your case to the federal district court. You must have an attorney at this level of appeal. He or she will file a case against Social Security in District Court.
How Long Does the Appeal Process Take?
The appeal process can take a long time, sometimes years. According to the Social Security Administration, the average processing time for a request is about 7 months; but many cases may take 30 months or more.
The Benefits of Having a Social Security Attorney:
Having a Social Security attorney can significantly improve your chances of receiving social security benefits if you were denied. Attorneys know how to prepare a disability case for a hearing and they are familiar with social security rules and regulations.
Both John Luke & Matt Berry are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
John Luke has sinced written about articles on various topics from Legal Matters, Employment Law and Social Security Information. John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of employment, personal injury, social security and disability. He is part of the Mesriani Law Group and is currently taking information technology studies as well.. John Luke's top article generates over 18100 views. to your Favourites.
Matt Berry has sinced written about articles on various topics from Legal Matters, Types of Cancer and Fibromyalgia. Matt Berry is a . Read his firm's. Matt Berry's top article generates over 33100 views. to your Favourites.
Car Safety Crash Ratings Gregg Hall is a business consultant and author for many online and offline businesses and lives in Navarre Florida with his 16 year old son.