“You wouldn't believe how complicated the Social Security system is.”

Art Stevens

     

   If you are reading this, you may have been denied disability benefits by the Social Security Administration (SSA), and you may be wondering what is your next move. Well, don't wait, act today.

     You only have two months (60 days) to take action after you receive your initial denial notice. If you fail to appeal it, you could lose all of your rights.
     The Social Security disability benefit system is one of the most complicated and confusing of all the federal bureaucracies. But the process of being reconsidered is pretty straight forward.
     If you are initially denied, you must request reconsideration and a different team will look at your claim. If your are denied at this level, then you have 60 days to request a hearing before an administrative law judge (ALJ). This is when legal assistance is critical. The law does not allow us to charge you a fee unless we recover benefits. Our fee is limited to 25% of the back owing benefits.
     Finally, if the judge denies your claim, you can request a review by the Social Security Appeals Council. After all administrative appeals are exhausted, you may file an action in federal court.

FREQUENTLY ASKED QUESTIONS ABOUT SOCIAL SECURITY DISABILITY

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What are the steps involved in filing for disability?
A person who becomes ill or injured and, as a result, is unable to work should take the following steps to apply for disability benefits:

1. First, get medical care and make sure you clearly document your medical condition.
2. File an application with the Social Security office. When to file a claim depends on many factors. The key is that your disability must prevent you from working for at least 12 consecutive months. That year can have passed or be in the process of passing. You can file by phone, mail, or in person.
3. Your application will be sent to Disability Determination Services (DDS). Based on your medical data and your application, DDS will determine if you are qualified. If they need more medical information, you may be asked to undergo an examination. These medical exams can be quick and superficial.
4. Once DDS makes a decision, you will receive a written notice. If you've been denied, the notice will state why.

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What determines if a person is disabled?
Your inability to work. If you have a physical or mental condition that causes you to be unable to do the work that you are suited for (given your age, education and experience), and the disability is expected to last for at least 12 consecutive months or result in your death, then you can be considered. Obviously, the key debate is around your ability to work.

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How does Social Security Evaluate my case?
Social Security has so many rules and regulations that it is almost impossible to completely explain the process briefly, but SS looks at five basic things:

1. Are you working and earning more than $700 a month now? If so, you will not be considered for disability.
2. Is your condition severe? That is, does your condition interfere with normal work-related activities? This can be very difficult to determine.
3. Can your condition be found on SSA's list of disabling impairments?. If so, you automatically warrant a finding of disability.
4. Can you do the job you used to do? If your condition is severe, but not on "the list," the issue will be whether you can do the kind of work that you have been doing for the past 15 years.
5. Finally, can you find any kind of work? If you can't do what you used to do, the SSA evaluates whether you can do any type of work, considering your age, education, past work experience and skill level.

Obviously, this evaluation process can be very subjective and that's the challenge. That's why seeking out legal advice is often a good idea. If you would like a free, no cost, no obligation review of your current situation, click HERE.