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When Your Social Security Disability Claim Is Denied…

Don’t Give Up!

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Securing either Social Security Disability or Supplemental Security Income benefits is not simple or straightforward. Even if you believe you are clearly disabled because you are suffering from a serious illness or injury, the process is complicated, intimidating, and discouraging. Don’t give up. Our representatives may be able to get you set on the path toward the better life that you deserve.

 

Getting approved for disability is not as simple as proving that you cannot work your current or past jobs. The challenging aspect of a Social Security claim is that you generally have to prove that you cannot work any job that is available nationwide. According to the Social Security Administration (SSA), 53 percent of disability claims are denied and nearly 80 percent of consequent appeals are also denied. At The Disability Help Group, we understand the specific reasons for initial application denials and can help you to avoid the common mistakes and pitfalls of the disability claims process.

 

If your application for Social Security benefits has been denied, DON’T GIVE UP!

What Might Qualify You For Social Security Disability Benefits

Through the years, our disability advocates and their supporting resources have assisted Social Security disability claimants suffering from many severe ailments, including:

 

 

For more information on these medical conditions, visit our Common Diagnoses page.

Free Consultations Anytime, Every Time

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Don’t spend another day worrying about how you will pay your medical bills and support your family. Don’t continue to think that you are not entitled to disability benefits because your application has been denied. Our disability advocates and the many experts that they work with are ready to help you now.

 

CALL us today at 1-800-800-2009 or fill out our contact form.

 

You want the upper-hand on your Social Security Disability claim – don’t you? Then request a FREE copy of our publication Secrets Social Security Won’t Tell You to learn valuable insider tips on how you can increase the chances of winning your claim. Click here for more information.

Common diagnoses with SSD

Types of SSD claims

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64,685 Americans are receiving Social Security benefits as of May of 2015. Do you need to be one of them? Having trouble getting your claim approved? You’re not alone.

 

Depending on what type of benefits you are applying for, the reasons to be denied are seemingly endless. Don’t hesitate to get assistance from The Disability Help Group for the following claims types (along with veterans disability).

SSDI (Social Security Disability Insurance)

In order to qualify for SSDI, you must have built up enough “work credits” and also meet the SSA’s definition of disability. According to the Social Security Administration,

 

To meet our definition of disability, you must not be able to engage in any substantial gainful activity (SGA) because of a medically determinable physical or mental impairment(s): That is expected to result in death, or. That has lasted or is expected to last for a continuous period of at least 12 months.

 

Your eligibility for SSDI benefits also may depend on your age, work history, medical history, and even the type of disability that you are dealing with.

 

Most importantly, getting approved for SSDI relies on the information presented in your application. Make sure your application is as complete as possible and includes clear details of how your impairment affects your life. Provide any/all documentation to support what you state.

 

Medicare is a health insurance program, usually (but not always) for the 65 and older group. It is paid for by taxes, along with monthly premiums deducted from their disability checks. The main benefits to having Medicare include basic medical insurance, hospital insurance, prescription drug coverage, and Medicare Advantage plans. If you have been receiving disability benefits for at least two years, you might automatically qualify for Medicare.

SSI (Supplemental Security Income)

SSI is calculated simply by comparing one’s income with their necessary expenses. The program was created with the intentions of lightening the burden of health expenses for disabled people that have a low or nonexistent income. You application must be submitted in person, however, some interviews can be done over the phone. In certain cases, children may also qualify.

 

Of course, in a Supplemental Security Income claim, you or your child’s impairments, income, and health expenses must be proven to the SSA.

 

If you need to apply for SSI, we want you to know that it is your right to have assistance in doing so. The Disability Help Group is happy to do this for you, and can inform you of other rights you have when it comes to SSI (such as your right to appeal an unfavorable decision). Equally important, you also have certain responsibilities as a recipient of SSI benefits, such as reporting any change in your income or disability.

 

Medicaid is a health insurance program for lower incomes. The program provides health coverage to almost 9 million people that are not elderly but are disabled. The majority of states provide Medicaid to people that have already been approved for SSI, but this is not guaranteed as the rules vary per state.

The process of a SSD claim

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Initial Application

Your first step toward a successful disability claim is to perfect the contents of your initial application. This is where you will provide details about your disability and how it relates to your daily life. You will need to include details about all of your medical treatment, in addition to your work history. It’s best to submit any supporting documents that are available.

 

Your application is given to the Disability Determination Services (DDS). They will look further into your records and decide on your residual functional capacity (RFC). This is a professional opinion on your capabilities, and your approval/denial is widely based on it.

Reconsideration

If your initial application is denied (which is often the case), the process to appeal that decision can begin. You only have 60 days to appeal, and if it’s not done on time, you must start the process all over from the beginning. To appeal, you can start with a request for reconsideration. DDS receives your claim again and reviews it once more, this time by a different examiner. If the claim is denied again, don’t give up! This happens almost 80% of the time.

 

Several states have decided to get rid of the reconsideration level and now go straight to the hearing level.

Hearing Level

This stage has the longest wait time, however, often has a better result. Be patient, because this level can sometimes take even more than a year or two to get past. New evidence, if there is any, can be submitted to an Administrative Law Judge (ALJ) that reviews your claim. Medical evidence is especially valuable. If you have an attorney, he or she may join and assist you. The hearing is private, but is recorded in case you need to refer back to it later. The judge will provide a written decision after the hearing.

Appeals Court

If the judge has provided you with an unfavorable decision (a denial), the next step is to turn to the Appeals Council. This must be done within 60 days of your most recent denial. Otherwise, your appeal might be completely dismissed. The Appeals Council reviews your claim and will either reverse or agree with the judge’s decision. They may decide to return your case to the judge to have it reconsidered by him/her. Like the hearing, this stage in the process could require a wait anywhere between 6 months to 3 years.

Federal Court

If the Appeals Court confirmed the ALJ’s decision, you may decide to take your claim to Federal Court. Like other appeals, you have 60 days to do so. Simply put, a lawsuit is filed against the Social Security Administration (SSA) for mishandling your claim.

 

Once you have decided to take your case to Federal Court, the official complaint and summons must be mailed via registered or certified mail to the SSA’s Office of General Counsel that oversees your area. In court, both you and the SSA will have lawyers present. There is a fee for filing this civil action, and it is not a good idea to make this decision without consulting the advice of an attorney first.

 

This is the most serious stage in the appeals process, and most claims do not require such actions.

Reasons your SSD claim might be denied

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More often than not, a disability claim will be denied on the first attempt. In fact, it happens to almost 3 out of 4 applicants. Having your Social Security disability claim can be discouraging, but we urge you to persevere. The journey to success when it comes to disability is not an easy one, but with the right knowledge, resources, and assistance, there is hope.

 

Below, you can learn about a few of the common reasons that disability claims are denied (assuming that you provide them access to all of your medical records and information).

 

There are several other reasons why a denial happens that are not mentioned here. Whatever the case may be, we encourage you to stay positive. Feel free to rely on The Disability Help Group for support and advice.

Additional Conditions and Resources