
How To File For Social Security Disability Benefits – Appealing your denied Social Security Disability (SSDI) or Supplemental Income (SSI) benefits claim can be frustrating. Each state’s disability appeal process is different, so you may want to contact a Social Security attorney or attorney first. An experienced legal representative in your area will give you the best chance of winning benefits from your personal injury appeal. If you decide to file your own disability appeal with the Social Security Administration (SSA), follow these four steps.
For most states, filing a Request for Reconsideration Form (SSA-561) will be the first step in filing your disability appeal. This step is if your initial application is denied or your benefits are terminated after a Continuing Disability Review (CDR). Any reconsideration forms must be submitted within 60 days of your disability claim being denied by SSA. If you live in a state that does not require this first step, skip to the disability hearing step (step 2).
How To File For Social Security Disability Benefits
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What If You Can’t Pay A Lawyer For A Social Security Disability Claim
Always save your denial notice from SSA because it includes information about your right to file a disability appeal. Find an article that explains why your medical condition does not meet the SSA’s criteria for disability benefits. (This information may be requested later.)
Filing a reconsideration request will always trigger a full review of your Social Security Disability claim form by the SSA. In some cases, your state’s Disability Adjudication Services (DDS) will review your claim with a medical counselor and examiner. However, these will be completely new claims examiners and medical advisors handling your new claim. This means that staff who were not involved in your initial denial will handle your request to reconsider your claim. Typically, DDS awards disability benefits from 5-10% of the reinstatement claims they receive.
Your claim may be denied again. In that case, you will receive another suspension notice with the same explanation as the first one you received. If this happens, take your disability appeal to the next level and request a hearing.
The SSA does not assume that you are permanently disabled after it approves your initial application for disability benefits. After you start receiving monthly Social Security Disability Insurance (SSDI) income, expect the SSA to periodically review your disability status. The SSA conducts reviews every three or seven years, depending on the time frame set when your initial claim was decided. SSA can stop monthly benefits because your health has improved, meaning you can start working again now. Failure to cooperate with the Continuous Disability Review (CDR) process may result in termination of monthly disability benefits.
What Is The Approval Rate For Social Security Disability Benefits?
To appeal the termination of your benefits, visit your local disability hearing officer and ask to be reconsidered within 60 days. At this point, you are technically jumping to step 2 in the disability appeal process. However, you will automatically get a second review by another DDS or SSA medical consultant and examiner. These representatives have the authority to overturn any prior decision to terminate your monthly disability benefits. If your case is considered “borderline,” you will usually win your disability appeal and receive monthly benefits. But if your appeal is rejected, you should go to step 2.
About accepting your rejection. Ask for your hearing as soon as possible, because the SSA is very strict about following disability appeal deadlines.
An ALJ is an attorney who works for the SSA’s Office of Disability Adjudication and Review (ODAR). The ALJ must uphold or reverse prior decisions to deny or terminate monthly disability benefits. Some ALJs also handle hearings that do not involve Social Security disability cases. For the most part, however, they focus on upholding or overturning decisions made by the SSA. According to SSA’s quarterly position data, as of March 2017, ALJs award benefits in 57% of claim decisions. And of course, some ALJs have a more favorable decision on disability claims than others. If the SSA denies your claim, don’t skip this step – it may be your best chance to reverse it!
If the ALJ does not grant you benefits, the next step is to request a review by the Appeals Council. This disability appeal process can be very confusing, and many review requests at this stage fail. Because the Appeals Council randomly selects cases for review, your case may not be selected at all. And if available, they have the authority to grant, deny, or deny your claim for disability benefits.
Kentucky Social Security Disability Lawyer
If you file your Appeals Council review request more than 60 days after your reconsideration denial, it may be denied immediately. The only occasions when you should consider reviewing your case yourself are:
In most cases, the Appeals Council will require an ALJ decision on the deficiency before it will grant a review of your claim. In those cases, there is still very little chance of getting disability benefits from an Appeals Council review.
The fourth and final disability appeal option is to sue the SSA in federal district court. Federal judges hear disability cases without a jury and primarily look for legal errors in your application and review process. District court judges reverse denials in less than a third of all appeals, but this is your last resort. It can be an expensive and time-consuming process and your rejection may still not be overturned in court. For this reason, some attorneys are reluctant to file SSA charges.
Still have questions about filing a personal injury appeal? Click here to start a free benefits assessment and see if you qualify for legal aid today.
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In today’s blog post, we’re going to outline the steps in the application process and the materials you’ll need to complete your application. Continue reading to learn more, visit the Social Security Disability Practice Area page, and contact our law firm today to schedule a consultation with one of our Social Security attorneys!
You must apply for disability benefits if you are disabled, and you can apply online. When you apply for benefits, you will need the following information:
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Once your information and medical records are received, the examiner will begin the evaluation process to determine your eligibility for Social Security disability insurance. You will try to answer the following questions about your case.
Although this question has nothing to do with your health, it takes into account whether you are working and how much you are working. A disability claimant cannot work additional hours or earn income equal to or greater than actual gainful activity or SGA. If you’re working more than this amount, the examiner assumes you’re not disabled for benefits.
There is a list of official disabilities, and your medical records must indicate that your condition corresponds to a disability on this list in order for you to receive benefits. If you are unsure whether or not your medical condition is listed as a disability, contact our Social Security disability attorneys.
Unfortunately, because too much information is required to apply, applications are denied. Don’t give
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