Hire A Disability Attorney To Assist You
If youve read this far, you are probably already overwhelmed with the amount of work youll need to do to ensure a swift and effect disability evaluation process. For that reason we recommend contact an attorney to help. Especially in the case of claimants who are seeking SSI only, attorneys are proved to be far more effective in securing benefits.Besides what weve discussed already, there are multiple appeals processes that the majority of claimants will experience. While about one in three claimants win disability quicklywhether due to compassionate allowance status or a combination of age, work history and severity of impairmentstatistically, most will go before an Administrative Law Judge, or ALJ. Beyond the ALJ, there are even more disability hearing and appeals steps for a small percentage of claimants.An SSI or SSDI Attorney can help in many ways, but we recommend that the decision to contact a law firm should be made up front. Decisions you make at the beginning can have a big impact on how quickly you get SSI or SSDI benefits.
Is There A Way To Get Automatically Approved For Ssi And Social Security Disability
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What Factors Contribute To An Ssdi Denial
Before we address waiting times, lets take a look at what contributes to an SSDI denial. If the initial decision you receive is rejection, then you might feel hopeless. But denials can be appealed, and working with an attorney makes it more likely that your claim with be approved.
An initial denial is can be due to either a lack of medical evidence or treatment. When going through the application process, its important to discuss how your disability impacts your ability to work with your doctors so that there is documented medical evidence of your disability. Accurate documentation will help your chances of approval.
Its also important to follow all the treatment guidelines set out by your doctor for your disability. If you dont follow your doctors treatment plan, its difficult for an SSDI examiner to accurately assess your disability, which can lead to an initial denial. So, if your doctor urges you to get treatment for your medical conditions, that treatment can potentially help your conditions and your SSDI claim.
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Contact An Experienced North Carolina Ssd Benefits Lawyer
The SSA maintains a list of impairments that are considered so severe that they automatically qualify one for disability benefits as long as all other requirements are met. These conditions are found in the SSAs Blue Book, which describes the medical evidence that is needed to prove the impairment.
You can also be declared disabled if you have a condition that is considered to be equal in severity to a listed impairment.
Even if you dont have a listed impairment or one considered equal in severity to a listed one, you may still be deemed to be disabled if you can show that your medical condition keeps you from working or doing any other type of work.
Allow Hardison & Cochran to put its skill and experience to work for you in seeking disability benefits. In particular, we can help you to gather the medical evidence you need to show you are disabled.
Contact us today and receive a free and immediate review of your case.
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How To Get Your Disability Claim Approved Through An Expedited Review Program
One way Social Security disability applicants can qualify for faster approval times is through one of the expedited claims programs the Social Security Administrations has established. These programs include the Compassionate Allowance List , designed for individuals who suffer from dire conditions and the Wounded Warrior program, designed specifically for Americans disabled during active military duty. Qualified individuals who apply under either of these programs have the shortest possible wait times for benefits. For example: The SSA typically reviews claims for CAL conditions in less than 30 days. Those applicants can expect their first SSD payment about 5-6 weeks after they file their claims!
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Find Other Conditions That Speed Up Your Access To Ssd Benefits
If you or a loved one have any of these conditions, you are on the CAL list. This allows you to fast track your disability claim. Because these are serious conditions that do not have a cure yet, the SSA prioritizes them. And if you dont see your condition listed above, you may still have a qualifying CAL list impairment. These are the just the newest disabilities added to that list but there are over 250 others! . Theyll get any Social Security disability application flagged for the SSAs fast track review process.
What Will The Amount Of My Monthly Benefits Be
The amount of your first months benefits is shown in your Social Security file. However, the Social Security Administration may recalculate your benefit amount before it pays you. If the Social Security Administration recalculates, it may come up with a higher benefit amount because, for example, all of your earnings might not have been posted when the original calculation was made. Also, there are cost of living increases that are applied every December.
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Adults Disabled Before Age 22
An adult who has a disability that began before age 22 may be eligible for benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a “child’s” benefit because it is paid on a parent’s Social Security earnings record.
The disabled “adult child” including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild must be unmarried, age 18 or older, have a disability that started before age 22, and meet the definition of disability for adults.
Example
It is not necessary that the disabled “adult child” ever worked. Benefits are paid based on the parent’s earnings record.
- A disabled “adult child” must not have substantial earnings. The amount of earnings we consider “substantial” increases each year. In 2021, this means working and earning more than $1,310 a month.
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Do Denials Come Faster Than Approvals
But when it comes to the time frame of approvals or denials, there is actually no difference. Each individual claim is investigated, and whether your benefits are approved or denied does not influence how long it takes for that investigation to be processed. So, if youve filed a claim and are still waiting for approval or denial, theres no need to worry about what that timeframe means.
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How Can I Increase My Chances Of Getting Disability
Top Ways to Increase Chances of Winning Disability Claim Ensure That Your Application is Complete. Keep Accurate and Complete Medical Documentation. Maintain a Good Relationship With Your Physician Keep Close Tabs on the Status of Your Claim. Follow up on all Treatment Recommendations. Hire an Experienced Social Security Disability Attorney. Additional Resources.
Explain Whether You Meet Or Equal A Listing
You should ask your doctor or psychologist to comment on whether your medical conditions meet or “equal” the requirements of a disability “listing” that’s relevant to your impairment. For instance, if you have poor hearing, you might meet Social Security’s listing for “hearing loss.” Social Security’s disability listings are found in its Blue Book. Most doctors will need to be given a copy of the particular disability listing for reference.
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Do Not Apply If Your Monthly Income Is Over $1180
Many people earn income even if they cannot actively work due to a disability. This money may come from child support, a spouseâs paychecks, alimony payments, interest you earned on investments, rental property income, royalties or other sources.
Your SSDI claim will be denied if your income is above $1,180 each month. This rule is in place so the program only helps people who truly need the money.
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An Opinion Of Your Residual Functional Capacity
Even if you suffer from many serious health conditions, the SSA likely will discard a letter from your doctor that simply states you are “disabled” or “cannot work.” This is because the role of determining disability lies solely with the SSA.
Instead, you should have your doctor discuss how long you can perform exertional activities such as standing, walking, and sitting in an eight-hour workday. Another important strength requirement is the amount of weight you can carry and lift during the day.
The SSA will use your exertional capabilities and limitations, as reported by your doctor, to determine your “residual functional capacity” , as part of its five-step disability determination. Your RFC is your ability to perform various work tasks on a regular basis.
Your RFC will also be based on nonexertional activities, activities that don’t involve strength. Your doctor should include in your medical source statement whether you have limitations in any of the following areas.
- using your hands for reaching, grasping, or fingering items
- postural activities, including bending, stooping, and climbing stairs
- interacting with the public and coworkers, and
- concentrate on work tasks and following directions.
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When Your Benefits Start
Generally, if your application for Social Security Disability Insurance is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.
Example: Your disability began on June 15, 2020 and you applied on July 1, 2020. Your first benefit would be paid for the month of December 2020, the sixth full month of disability.
However, there is no waiting period if your disability results from amyotrophic lateral sclerosis and you are approved for SSDI benefits on or after July 23, 2020.
Example: We found that your disability began on November 3, 2020 and you applied on January 11, 2021. We would pay your first benefit for the month of December 2020, the first full month of disability.
We pay SSDI benefits in the month following the month for which they are due. This means that the benefit due for December 2020 would be paid to you in January 2021, and so on.
Is There Anything I Can Do To Make Dealing With The Social Security Administration Easier
You shouldnt expect as many problems dealing with the Social Security Administration while receiving benefits as you had trying to get benefits in the first place. Sometimes, though, some people have problems. Here are some things you can do to try to minimize the hassle:
- Keep all decisions, letters, and notices you receive from SSA in a safe place.
- Read everything you get from the Social Security Administration. The booklets that come with award letters and notices are well written and informative.
- When reading the booklets you receive from the Social Security Administration, pay special attention to the kind of information you are required to report to the Social Security Administration. Report promptly and in writing and keep a copy with your Social Security papers.
- Dont necessarily believe everything they tell you at the Social Security Administration 800 number. If you have an important issue to take up with the Social Security Administration, sometimes it is better to go to your local Social Security Office.
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Hope For Those Waiting To Get Disability
There is some good news. If you have a severe disabling condition, your wait may not be as long as you think. The Social Security Administration has been working hard to speed up application times for those who suffer from the most severe disabling conditions.
This fast track process allows some Social Security applicants to be awarded an approval in a matter of days, rather than a matter of months or even years.
It has been estimated that this year 100,000 to 125,000 of the people who suffer from the most severe disabilities will be approved for Social Security Disability within ten days of their application.
This fast track program is intended to help the Social Security applicants who need help the most, but the trickle effect this program causes may end up with reduced backlogs for other Social Security Disability applicants.
Remember, when applying for Social Security Disability, patience is a virtue. Your application will not be approved overnight. Just make sure you do everything you can to speed the process along. Provide any and all required documents quickly and try to expedite matters when you can.
Waiting For A Decision
For applications going through the detailed, sequential 5-step process the SSA uses to determine which claimants merit disability benefits, the typical wait time can be anywhere from a few months to a year or more. The process is thorough and rigorous, which simply takes time. This is especially true for applications that are denied during the first round of review and must go through the appeals process which is what happens to most applications that the SSA receives.
When a Social Security disability claim is denied, a whole new process begins, which stretches the timeline even further. Recognizing that the substantial wait time can be an unnecessary burden to those with the most urgent and debilitating health conditions, the SSA has developed a couple of different options to help fast track applications and get disabled citizens the benefits they need and deserve as quickly as possible.
Dont lose heart if your application isnt granted an SSA compassionate allowance. That simply opens the door to an alternate fast track program Quick Disability Determination . The QDD helps applicants with obvious disabilities, but whose conditions dont qualify for a compassionate allowance.
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When The Qdd Examiner Denies Your Claim
If the QDD claims examiner wants to deny you benefits through the QDD system, the examiner must have a medical consultant look at your claim before the QDD is able to deny it.
If the Quick Disability Determination unit doesn’t recommend your claim for approval, or doesn’t make a “fully favorable” decision on the case , or disagrees with the recommendation of the medical consultant, your claim will go back through the regular disability determination process at the Disability Determination Services .
Meet The Criteria For A Compassionate Allowances Condition
The Social Security Administration expedites processing for very serious medical conditions that are on its Compassionate Allowances list. The list currently has more than 200 disabling conditions, including certain cancers, early-onset Alzheimers disease, and rare illnesses. If you have a condition on this list and it meets the SSAs criteria, your claim could be fast-tracked.
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Ways To Speed Up Your Social Security Disability Application Process
The disability application process takes more time than you might think. And thats true for both Social Security disability programs. Social Security Disability Insurance or Supplemental Security Income claims use the exact same medical review standards. However, the two programs differ on income and asset limits for qualified applicants.
Ready to see if you may qualify?
Signs You Will Be Approved For Disability
While it may be a challenge to get approved for disability benefits initially, there are some signs that you will be approved for disability.
While nothing is for certain for sure, there are things that you can do before you send in your application, that can give you a better shot of getting approved for disability initially.
The first sign that you will be approved for disability is that you have enough work credits. In order to qualify for SSDI benefits, you need enough work credits to qualify.
How work credits are calculated is by your age and how long you worked. On average, it is usually around 40 work credits to meet the requirements. You can earn up to 4 work credits per year that youve worked.
The Second sign that you will be approved for disability benefits is that you have a sufficient of medical evidence. Medical evidence to back up your claim that you can no longer work because of your disability is the key to winning a disability claim. The more evidence you have the better. Be sure to include as much medical evidence as you can in your claim.
The third sign that you will be approved for disability, is that you have a condition that is in the SSAs Blue Book. The Blue book is the list of conditions that the SSA has put out that qualify for disability.
The SSA will look at your application and see if your symptoms and ailments match one of its listings in the Blue Book, if it does then you could be approved for disability.
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You Collect Benefits On An Approved Claim
If your claim is approved, you will receive a Notice of Approval letter that will include details about:
- Your disability onset date
- Date you became eligible for benefits
- Amount of back pay you will be awarded and when you will be paid
- Amount you will receive in monthly benefits and when you will be paid
- Date of your first continuing disability review