I just received notice that my claim was denied. Should I appeal the decision or start a new application?

A: Starting a new application because you’ve been denied benefits is a mistake many people make. Often times, people will start a new application because they believe it is the same as appealing the denial. By filing a new application you are essentially forfeiting your right to appeal the Social Security’s decision.

 

If you’re within the time allotted to appeal the SSA’s decision (60 days from the date of the Notice of Decision), you should always file an appeal. By exercising your right to appeal you may eventually have your case heard by an administrative law judge (ALJ). A formal hearing gives you the opportunity to explain your medical condition to the judge and will increase your chances of being approved for continuing and past due disability benefits.

 

You can request an appeal by calling the SSA directly at 1.800.772.1213. The SSA will mail you the necessary appeal forms which you will need to complete and send back in order to appeal the decision. Disability Help Group can simplify the appeals process by completing these forms on your behalf. 

What can I do to prepare for my hearing with the Board of Veterans’ Appeals?

A: If you’ve filed a completed VA Form 9, you are not required to submit any additional paperwork. The Board of Veterans’ Appeals (BVA) will evaluate your appeal based on the same evidence used by your Regional Office (RO) when it made its determination on your original claim, along with your VA Form 9 and the Statement of Case (SOC and the Supplemental SOC, if there is one).

 

If, however, you have additional evidence such as records from recent medical treatments or evaluations that you feel substantiate your disability and make your case stronger, you can submit the evidence to the office holding your claims folder. (See FAQ: “Where is my claims folder kept?”) An experienced representative can also submit additional written information in support of your claim.

 

If, after considering the new evidence, the RO still does not approve your claim, you will be provided a Supplemental Statement of Case. The new evidence you submitted will be included in your claims folder and considered when the Board reviews your appeal.

If I am disabled when will I be eligible for benefits?

A: The SSA will determine, according to their rules, whether or not you are disabled. When you are found disabled by the SSA you will be eligible for disability benefits. Generally it takes 1 to 3 months for your 1st check to arrive if you are approved. At Disability Help Group we stress the importance of building a strong medical file which is why we provide our clients with special forms for their doctors to complete. These forms can increase your changes of winning your case.

I just received a Function Report questionnaire in the mail from Social Security. What should I do?

A: Complete the questionnaire right away!

You only have a limited time to comply (10 days from the date of the letter) with Social Security’s request so, don’t delay.

But, don’t rush through your answers either.

Whenever you are completing any of Social Security’s questionnaires or forms, you’ll want to keep the following in mind:

  • Be honest.
  • Don’t exaggerate, but be specific about your limitations.  
  • Don’t say that “you can’t do anything.”  
  • Most importantly, comply with the request with the time Social Security has allotted.   

Remember, Social Security has closed disability claims based on a claimant’s non-compliance.