When Ssa Denied Your Disability Benefits You Can Appeal
Social Security denies an estimated 53 percent of disability claims on average. Yes, you read that right: over half of all disability applications are denied, according to SSAs own data. Other sources have found that as much as 70 percent of Social Security Disability applications are denied upon initial evaluation.
While the exact reasons for denial can vary greatly and be particular to each application, they are generally categorized as either medical denials or nonmedical denials. Here are the most common examples of each type of denial and why an applicants SSD benefits may be denied:
Ssa Disability Hearing Offices In Georgia
Georgia is part of SSAâs Region 4, which includes Kentucky, Tennessee, Mississippi, Alabama, North Carolina, South Carolina, Georgia, and Florida. In Georgia, there are 5 regional hearing offices, in addition to the regional headquarters in Atlanta, GA.
Below is a list of SSA disability hearing offices in Georgia for your convenience.
Atlanta Office of Disability Adjudication and Review245 Peachtree Center Avenue
How Do I Complain
You may need things like ramps, grab bars, or service animals. Housing providers cannot;deny someone housing because of a disability. And they cannot;refuse to make reasonable accommodations for a tenant with a disability. Learn more about disability rights in housing and how to file a complaint if you feel that youve been a victim of housing discrimination.
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Applying For Disability Benefits In Georgia
Disability benefits are determined by the federal agency, the Social Security Administration , but in Georgia, applications for disability benefits are handled by the stateâs Disability Adjudication Services . Applications are initially filed with the SSA in person, online or by phone. Applications are then sent to the DAS, which is fully federally funded state agency.
The DAS appoints an adjudicator and state medical consultant to review all applications and supporting evidence using guidelines and disability criteria outlined by the SSA. Applications that are denied may be followed up by an appeal using the DAS appeal process.
Information that must be supplied with all disability benefit applications if you apply for a disability benefit in Georgia includes:
- release of any relevant records to be used in making a disability decision;
- a description of the disability for which you are applying for a benefit;
- information about medical treatment received to treat your disabling condition
- information about your education and past work experience;
- information about your medications.
If you apply for a disability benefit in Georgia, note that disability benefit applications are processed either through the social security disability insurance pathway or the supplemental security income pathway. Social Security Disability Insurance is available for those who have paid sufficient social security taxes over their period of employment.
How Do You Get Disability For Listed Medical Conditions
If your disability is listed in Social Security’s Listing of Impairments, the first step is to get a diagnosis of the condition from your doctor. A mere diagnosis will get you an automatic disability approval for only a few conditions, however, like ALS, an organ transplant, or certain serious cancers, such as esophageal cancer, mucosal melanoma, anaplastic carcinoma of the thyroid gland, or small-cell carcinoma . For all other conditions, the next step is to determine if your medical condition meets the specific criteria for that condition. The listing requirements are often quite complex; our illness-specific articles simplify the medical criteria in the listings so that you can understand whether your condition will qualify for disability.
If you haven’t had the clinical or laboratory tests required in the listing, you can ask your doctor to perform them. Or you can wait for the SSA to pay for a consultative exam, but this makes your claim take longer. It’s generally better if the test results are already in your medical record before you apply. Then you can check to see if your test results meet the requirements of the listing, and if they match the criteria or are close, you can apply for disability.
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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 worker’s 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.
What Happens If The Adult Child Gets Married
If he or she receives benefits as a disabled “adult child,” the benefits generally end if he or she gets married. However, some marriages are considered protected.
The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 to find out if the benefits can continue.
To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.
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Information About Family Members
- Social Security numbers and proof of age for each family member who may qualify for benefits; and
- Proof of marriage, if your spouse is applying for benefits, as well as dates of prior marriages, if applicable.
If you don’t have all the documents you need, don’t delay filing for benefits. We will help you get the information you need.
How To File For Disability In Georgia
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.There are 13 references cited in this article, which can be found at the bottom of the page. This article has been viewed 51,033 times.
If you are a Georgia resident who suffers from an injury or condition that interferes with all work-related activities, you may qualify for Social Security Disability benefits. The Social Security Administration in conjunction with the Disability Adjudication Section of the Georgia Department of Labor determine if you are eligible to participate in the disability program. To file for disability, you must fill out disability paperwork that gives the details of your medical condition and then submit your paperwork to a Social Security office or online. The SSA will then forward your paperwork to the Georgia DAS for review.
What We Mean By Disability
The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
We consider you disabled under Social Security rules if all of the following are true:
- You cannot do work that you did before because of your medical condition.
- You cannot adjust to other work because of your medical condition.
- Your disability has lasted or is expected to last for at least one year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings, and investments.
What Are Social Security Disability Benefits
Social Security disability benefits come from payroll deductions required by the;Federal Insurance Contributions Act; to cover the cost of;Social Security benefits;such as retirement, as well as spousal and survivor benefits. Some of this;funding goes into the Disability Insurance Trust Fund; and pays for disability benefits.
According to the Social Security website, to qualify for Social Security disability benefits, you must have worked a certain length of time;in jobs covered by Social Security. Generally, you need 40 credits, 20 of which were earned in the last 10 years, ending with the year when you became disabled. You must also have a medical condition that meets Social Securitys;definition of disability.
Social Security Disability Insurance should not be confused with Supplemental Security Income , which pays benefits to those who have financial needs regardless of their work history. Although these two names sound similar, the qualifications to get the payments and what you might receive are very different.
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Can I Get Social Security Disability And Workers Compensation
The short answer is yes, you can receive both Social Security Disability Insurance and workers compensation benefits when you qualify for both.
Theyre not the same program. SSDI is a federal government program run by the Social Security Administration . Workers compensation programs are administered by the state of Georgia.
Currently, Georgia workers compensation benefits will provide you with rehabilitation support, medical benefits and supplemental income. You may be eligible for 2/3 of your weekly income up to $575 per week.
Lets compare the programs together.
Getting Disability Help In Georgia
There are public and private agencies within the state to provide assistance and advocacy for the disabled, including:
Georgia Advocacy Office, Inc.150 East Ponce de Leon Ave., Suite 430404-885-1234 800-537-2329
However, the Georgia Advocacy Office will not provide legal representation for your appeal hearing, should you be denied disability benefits. You may want to hire a disability attorney to present your case for benefits on appeal. If your case requires repeated appeals and it reaches federal court, then you must be represented by a disability attorney. It may be wise to save time and stress by consulting an attorney early on in the appeal process. Arrange a consultation with a Georgia disability attorney.
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Some Publications That Will Give You More Information On Disability Benefits
The Disability Starter Kit will help you get ready for your disability interview or online application. Kits are available for adults and for children under age 18.
The starter kits provide information about the specific documents and the information that we will request from you.
The kits also provide general information about the disability programs and our decision-making process.
Here are some additional resources with information on disability benefits:
- Disability Evaluation Under Social Security – Medical criteria for evaluating Social Security disability claims
What About Temporary Partial Disability Benefits
The information contained on this web site is provided for informational purposes only and not legal advice. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. The transmission of an email request for information does not create an attorney client relationship. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters.;
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Applying For Social Security Disability And Ssi In Georgia Along With Contact Information For Helpful Georgia Agencies
By Melissa Linebaugh, Contributing Author
Even though Social Security Disability and Supplemental Security Income are federal programs, a state agency actually decides if a disability applicant is disabled for the purpose of SSDI or SSI benefits. In Georgia, that state agency is called Disability Adjudication Services . After you file your initial disability application with Social Security, your file is sent to the Georgia DAS.
Each state disability determination agency has different disability approval and denial rates. The Georgia DAS approves just 23% of disability claims at the initial application level, which means more than 70% of initial applications are denied.
Another state agency, the Georgia Department of Human Resources, adds a state supplemental payment to the federal SSI payment for those living in Medicaid facilities .
How Much Ssi Will I Receive In Georgia
While the federal government funds most of the SSI payment , Georgia provides a small state supplement for eligible residents living in Medicaid facilities . For an eligible individual, the supplement is $20; for couples, the amount is $40.
The Georgia Department of Human Resources manages the SSI supplement. You do not need to apply separately for the state SSI supplement because eligible SSI recipients are tracked by the DHR’s computer database once they are approved for disability.
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Other Ways You Can Apply
Apply With Your Local Office
You can do most of your business with Social Security online. If you cannot use these online services, your local Social Security office can help you apply. Although our offices are closed to the public, employees from those offices are assisting people by telephone. You can find the phone number for your local office by using our Office Locator and looking under Social Security Office Information. The toll-free Office number is your local office.
Apply By Phone
If You Do Not Live in the U.S. Or One of Its Territories
Contact the if you live outside the U.S. or a U.S. territory and wish to apply for retirement benefits.
Mailing Your Documents
If you mail any documents to us, you must include the Social Security number so that we can match them with the correct application. Do not write anything on the original documents. Please write the Social Security number on a separate sheet of paper and include it in the mailing envelope along with the documents.
If Your Application Is Denied
After we review your application and the information you provided, we may decide you do not meet the qualifications for disability benefits.
If you disagree with our decision, you have the right to ask us to look at your application again. The notice you receive from us that says you don’t qualify will explain how to appeal our decision and the time period in which you must make the request.
If we decide you don’t qualify:
Because you are not disabled under our rules, you can appeal our decision online.
The online disability report will ask you for updated information about your medical condition and any treatment, tests, or doctor visits since we made our decision.
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How Do I Know If My Medical Condition Qualifies
The Social Security Administrations List of Disabling Conditions provides criteria for approval with different medical conditions. The listed impairments are divided into 14 sections, each with information on how the SSA defines and evaluates the conditions.
Your doctor will need to be familiar with the criteria for your condition if they are submitting statements on your behalf for your application. Be sure your doctor understands how your medical condition prevents you from working and impairs other areas of your life so they can detail that in their records.
You do not necessarily have to have one of the conditions listed to qualify for benefits. However, if your medical condition is not on the SSA list, they will determine if its as severe as another condition on the list.
For a free legal consultation, call
What Is The Georgia Disabled Veterans Property Tax Exemption
Georgia offers its disabled veteran residents an opportunity to significantly reduce their property tax bill through the Georgia disabled veteran exemption.
The exemption works as follows:
You are eligible for the Georgia disabled veteran property tax exemption if you are:
- An honorably discharged veteran
- Certified 100% and permanently disabled
- Less than 100% disabled but certified unable to work
- The surviving unremarried spouse or minor child of a qualifying veteran
Turn To An Experienced Atlanta Attorney To Guide You Through The Process
You’ve worked for many years and paid into Social Security. Chances are you never expected to become disabled, but one day you realize you can no longer work. Unfortunately, the government is not making it easy for you. Many applications for Social Security Disability Insurance benefits are often turned down.
At Gary Martin Hays & Associates, our lawyers understand what you are going through. We also know how to deal with the Social Security Administration bureaucracy for our clients. If you were denied Social Security benefits, or need assistance with an SSDI case, contact an experienced;Social Security disability lawyer serving Georgia. Call 1-800-898-HAYS today for a free consultation.
Can Disabled Spouses Receive Benefits
If a worker who paid into Social Security dies, their widower, widow, or divorced spouse may qualify for the workers benefits if they are disabled. Theyll need to meet the following criteria:
- Between the ages of 50 and 60
- Became disabled before or within seven years of the workers death
- Has a condition that meets the SSA definition of disability
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