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How To Appeal For Social Security Disability Benefits

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How to Appeal a Denial from Social Security Quickly and Properly

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

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Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving peoples livelihood. She is not an attorney and her writing should not be considered legal advice.

Write An Appeals Letter

The Social Security forms for appealing a decision give you only a few lines to write your explanation on why you think the decision was wrong, but you should feel free to write the phrase “see attached page” on the form and submit a letter along with the form that carefully outlines the problems you see with the decision.

The denial letter you received from the SSA that denied your eligibility for benefits will include an “explanation of determination,” which is sometimes called the “disability determination rationale.”

This explanation of determination will include issues such as what sources the SSA used to evaluate your claim, why the SSA denied your claim, what impairments the SSA evaluated, and a description of your medical condition. If anything is incorrect or missing in your explanation of determination, include this in your letter to the SSA. Also submit any statements, records, or other information that makes your claim stronger.

For more on appeals letters, see How to Write a Successful Disability Appeal Letter, on Nolo.com.

The Disability Application Process

Whether you apply online, by phone, or in person, the disability benefits application process follows these general steps:

  • You gather the information and documents you need to apply. We recommend you print and review the . It will help you gather the information you need to complete the application.
  • You complete and submit your application.
  • We review your application to make sure you meet some for disability benefits.
  • We check whether you worked enough years to qualify.
  • We evaluate any current work activities.
  • We process your application and forward your case to the Disability Determination Services office in your state.
  • This State agency makes the disability determination decision.

To learn more about who decides if you are disabled, read our publication .

Once You’ve Applied

Once we receive your application, well review it and contact you if we have questions. We might request additional documents from you before we can proceed

Look For Our Response

Youll receive a letter in the mail with our decision. If you included information about other family members when you applied, well let you know if they may be able to receive benefits on your record.

Check The Status

You can check the status of your application online using your personal mySocial Security account. If you are unable to check your status online, you can call us 1-800-772-1213 from 8:00 a.m. to 7:00 p.m., Monday through Friday.

Appeal A Decision

  • Reconsideration.

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Social Security: Ssd/ssi Appeals Reconsiderations Hearings

As of March 17th: All local Connecticut Social Security offices will be closed to the public for in-person service until further notice due to the COVID-18 pandemic. However, Social Security services are still able to provide critical services over the phone and online.; ;Information is about programs and services are available at

Note: Although all offices are not providing service for walk-in visitors,;individuals may be able to schedule an appointment for limited, critical issues if they cannot get help by phone and if they cannot get the information they need or conduct their business online.

_____________

Social Security Disability Insurance and Supplemental Security Income are administered by the Social Security Administration . If you are blind or disabled or over 65 years old, you may be eligible for one or both of these programs. Applications are submitted through your local Social Security office. Many applications are denied at first.

If SSA denies your application for benefits, or decides that you are no longer eligible for benefits, or that the amount of your payments should be changed, you will receive a letter explaining their decision. If you dont agree with the decision, you can ask them to consider your case again.

When and How Can I Appeal?

Can Someone Help Me File an Appeal?

Will My Benefits Continue While My Case is Being Appealed?

TO FIND PROVIDERS IN CONNECTICUTS COMMUNITY RESOURCES DATABASESearch by service names:

How To Appeal A Denial

How to Appeal a Social Security Disability Denial

The Social Security Administration provides several ways to appeal. Whichever way you choose to appeal, it is a good idea to obtain proof that you appealed on time .

Go to your local Social Security office to file your appeal. You can find the address in your denial letter. Take along the denial letter, a list of current medications and a list of names and addresses of all medical care providers you have seen since you last updated SSA – since you filed your claim or last appealed – so that you can complete all appeal papers at the Social Security office with the help of a claims representative. Be sure the SSA claims representative gives you a copy of everything you submit and a receipt for your appeal.

Appeal by phone and mail. Telephone SSA at 1-800-772-1213 and explain that you want to appeal. You will be sent the appropriate appeal form, a Disability Report – Appeal, and an Authorization to Disclose Information to the Social Security Administration . Your appeal is not complete until you have mailed the appropriate appeal form back to SSA. Mail the appeal papers back by certified mail that requests a return receipt for merchandise.

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Claimants Can Increase Their Chances Of A Successful Appeal

For cases that go to a judge, disability claimants face a tough road. In a recent survey, only 47% of cases Social Security judges heard had winning verdicts for disability claimants. If your case is going to a judge through the appeals process, careful preparation and the help of a disability lawyer is important.

To prepare, first, you must show that you are unable to work because of your disability, as being unable to work is the definition of a disability according to the Social Security Administration. If your physical or mental impairments have prevented you from working for 12 months or could potentially be fatal, you qualify to receive benefits.

To strengthen your case, look at the reason the administration denied your case. Then, gather supporting documents that address those reasons. These documents might include documentation from your doctor, witness statements, and financial documentation.

At this point, consulting with an attorney is a good choice. The Nolo survey found that those who had a disability attorney on their side had a three times higher success rate with the judge than those who did not.

Social Security Claims Are Stressful But The Right Representation Can Help

If your Social Security disability claim gets denied, you may face some stress. Yet appeals are possible with the right preparation. By preparing carefully, you can increase the chances that the Social Security judge will look favorably on your case.

If you have a Social Security claim denied, reach out to Gravis Law to get expert help with the appeals process.

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Who Decides If My Disability Entitles Me To Ssdi

The Social Security office will review your application to determine whether you worked enough years to qualify and to assess the level of your current work activities. If you meet these criteria, your application will be passed on to the Disability Determination Services office in your state which completes the disability decision for the Social Security office.

The state agency will ask your doctors and specialists for information about your condition and will consider all the facts in your case. They will use the medical evidence from your doctors and hospitals, clinics or institutions where you have been treated and all other information.

Specifically, they will ask the medical team for the following information:

  • What your medical condition is
  • When your medical condition began
  • How your medical condition limits your activities
  • What the medical tests have shown
  • What treatment you have received

In addition to the above, they also will ask the doctors for information about your ability to do work-related activities, such as walking, sitting, lifting, carrying and remembering instructions. Your doctors are not asked to decide if you are disabled. Additional medical information may be needed before a final decision can be made. It is possible that the state agency will ask you to go for a special examination. Although the preference is to use your current doctor, the exam may be conducted by another qualified physician.

Best Things To Do If Denied Social Security

How to Win Your Reconsideration Appeal with Social Security Disability

For the millions of Americans suffering from disabilities, Social Security Disability Insurance is an invaluable resource. Unfortunately, disability benefits are awarded based on degree of need, which means some cases are denied.

However, this initial rejection is far from final disability benefits are incredibly beneficial, so it is important that you do everything in your power to fight for the help you deserve. Here are listed the top 5 courses of action to take if you are denied Social Security:

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Benefits For Disabled Widows Or Widowers

If something happens to a worker, benefits may be payable to their widow, widower, or surviving divorced spouse with a disability if the following conditions are met:

  • The widow, widower, or surviving divorced spouse is between ages 50 and 60.
  • The widow, widower, or surviving divorced spouse has a medical condition that meets the definition of disability for adults and the disability started before or within seven years of the workers death.

Widows, widowers, and surviving divorced spouses cannot apply online for survivors benefits. However, if they want to apply for these benefits, they should contact Social Security immediately at 1-800-772-1213 to request an appointment

To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.

We use the same definition of disability for widows and widowers as we do for workers.

How Long Do I Have To File An Appeal

There are strict time limits for filing an appeal if your Social Security disability benefits application is denied. There are four levels of appeal with the Social Security Administration : reconsideration; administrative law judge hearing; appeals council review; and federal court. At each level of the process, you have 60 days to file an appeal or request for reconsideration.

After you receive an initial determination on eligibility, you have 60 days from the date that you receive the notice to file a request for reconsideration. If you receive an unfavorable decision at this stage, then you will have an additional 60 days from the date of that notice to request a hearing before an administrative law judge . The ALJ will make a decision in your case, and the SSA will send you a letter notifying you of the decision.

You will then have 60 days to ask for a review by the SSA Appeals Council. The Appeals Council may deny your request for review, send your case back to the ALJ, or make a decision. Whatever action they take, the SSA will send you a letter and a copy of the order.

If the decision was unfavorable, you can file a lawsuit against the SSA in federal court. As with the other levels of review, you have 60 days to file a complaint in court.

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Appealing A Denial Of A Request For Waiver Of Ssi Overpayment

SSI recipients can ask for reconsideration of a request to waive an overpayment. To do that, you can either call your local Social Security office or do it online. If you call Social Security, tell the representative that you want to request reconsideration of the waiver decision. You’ll use the Request for Reconsideration form to file your request.

Or, you can appeal the overpayment online by going to Social Security’s website and requesting a Reconsideration for a Non-Medical Determination.

The Ssdi & Ssi Appeals Process

How to Get Social Security Disability Benefits

Did you know that most SSDI and SSI applications are denied by the Social Security Administration ? In fact, two-thirds of all initial disability applications made in the United States are rejected. Reconsiderations are denied at an even higher rateup to 87%.

This means that appeals are a regular part of the application process. Typically, there are four levels of the SSDI appeals process, which are:

  • Reconsideration
  • Hearing before an administrative law judge
  • Review by the SSA Appeals Council
  • A final Federal Court review

Now for the good news: The rate of SSDI application denials is much lower following a hearingonly 35% of all claims are denied at this stage. Why? There are a number of potential reasons, but perhaps the most influential is having the chance to enlist a qualified medical professional and/or a lawyer to argue your case in front of a judge.

If you have a serious physical medical condition that has been tested and confirmed and your doctor is willing to support that you are expected not to be able to return to employment for at least a 12 month period, there is absolutely no reason not to appeal your case. Based on disability laws, your chances of successfully making it through the appeals process are better when you are over 50 than when you are under 50.

If you have recently received a denial notice on your SSDI benefits application, here is what you can do to appeal your claim:

  • You will also have the chance to submit new evidence that can help your claim
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    Get Help From Rob Levine & Associates To Appeal A Social Security Disability Claim

    If you are concerned about the status of your SSI or SSDI claim and need help with your appeal process, Rob Levine & Associates can help. Our team will work with you to ensure that all necessary medical documentation and forms are filed on time and will follow up to ensure your case receives the attention it deserves.

    We will guide you through the entire claim process, including any additional appeals that may be required. Call us today at 866-LAW-SSDI to set up a consultation to discuss your case with an attorney.

    Appealing An Ssd Denial Or Applying Again And Getting An Attorney Involved

    First, it is always best to have an attorney involved whetherappealing a social security disability denial or re-applying and assistance when applying the first time is also recommended. Given that an appeal can take a long period of time, involve multiple hearings, judges, etc, you will want legal representation that understands the ins and outs of what information should be presented and how.

    While you can apply for social security disability benefits multiple times, there is no reason to apply again if nothing has changed with your medical and physical situation or if you arent presenting new evidence. If you simply apply again using the same process, and have no new information to present, it is very unlikely that you will be approved. This is where an attorney can assist you. It may be the best course of action for you to visit an independent medical expert to give their opinion in order to get new evidence from a professional. An attorney can help you choose the proper expert who specializes in your condition to ensure that the right avenues are taken to show your inability to earn a regular income.

    In addition, if something has changed with your medical and/or physical condition, that information needs to be properly added to your claim. But again, how to present this information is key, as if you have already been denied, it will need to clearly show that your condition has changed and be convincing that benefits are now required.

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    How To Appeal A Social Security Disability Denial

    If you are over 50 and were recently denied Social Security Disability Insurance or Supplemental Security Income , DONT GIVE UP! Receiving a notice that your claim for SSDI or SSI benefits has been denied can be disheartening, but you still have plenty of options to get help. Our Philadelphia Social Security Disability lawyers explain how to appeal an SSDI or SSI denial.

    Can I Appeal The Termination

    How to File Your Reconsideration Appeal with Social Security Disability

    Yes. You may fight the proposed termination by asking for reconsideration. If you request reconsideration within ten days of the date on the notice, you will keep getting benefits after the proposed termination date in the notice. Social Security will give you a specific form asking for benefit and Medicare/Medicaid continuation.

    You fill out a form called Request for Reconsideration Disability Cessation . Get the form from your local Social Security Office or from www.ssa.gov. You must make this request within 60 days of the date on the notice OR have a good reason to make a late request. You must request reconsideration within ten days of the date on the notice to keep getting benefits while Social Security decides the appeal.

    You can review your file and give Social Security more evidence. Do so as soon as possible. Contact your Social Security office to set up a time to look at your file. Call toll-free1-800-772-1213 to ask for your local Social Security office number. You must give Social Security names and contact info for all your doctors, therapists, counselors, or anyone else with info about your disability.

    At the hearing, tell the hearing officer why you think you are still disabled. You testify, give the hearing officer your medical records, and have any witnesses testify.

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