Get A Written Opinion From Your Doctor
Your doctor can provide an in-depth view of the nature and severity of your medical conditions, as well as the limitations imposed by them. You can ask your doctor to put this opinion in writing. This letter can then be provided as a part of the medical evidence. Although a letter from your doctor may make some difference at the Disability Reconsideration stage, it has a more significant impact if your appeal goes to the hearing stage.
Social Security Disability Appeal Basics
Believe it or not, most applications for Social Security disability benefits are denied upon the initial application. Typically, only the most obvious and slam dunk claims are approved after the first step of the application process. If your application for benefits is denied, that does not always mean that you do not qualify for benefits. It often requires an appeal of this initial decision to get your benefits approved. Many people wonder how to appeal a disability decision. The appeals process is the same for SSI vs SSDI.
First, you can simply submit a request for reconsideration. You might have some additional evidence or medical records to provide and you are requesting that the SSA reconsider their decision. Most initial determinations are made by local Disability Determination Services . These are often state agencies that make the initial decision for the SSA. Your reconsideration request is asking the SSA to review and reconsider the decision made by this agency. This is sometimes successful, but not often.
If you are unsuccessful at the hearing, you can continue to appeal your case. Your next step would be to the Appeals Council and finally to Federal court if the Appeals Council review is unsuccessful. Very few cases actually make it to Federal District Court in reality. If your benefits are not approved at the hearing level, then many cases simply get dropped at that point.
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:
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What Are My Chances Of Winning During Reconsideration
If you have applied for Social Security Disability and received a preliminary denial of your claim, you are most likely wondering what your odds of for approval at the reconsideration stage. Most claims receive an initial denial, and several things are considered when you move on to an appeal.
Every case is different and each case is dependent upon medical conditions and their severity. Your odds of being approved for disability benefits generally improve somewhat on the reconsideration level.
It is not uncommon to have your claim to be denied initially. However, you should not give up. Instead, file an appeal so your claim for benefits will be reconsidered. By doing this, you won’t be starting the claims process all over and you will improve your odds of backpay and your chances of faster approval. Just remember that the disability claims process is lengthy and complicated. It takes, on average, more than a year for someone to be approved for monthly disability benefits.
Summarize Your Supporting Documents
Explain what information you have included and why it is relevant. Point out whether this is new information that Service Canada did not consider when they reviewed your initial CPP Disability application.
I have attached updated medical records and letters from my doctors which support my appeal. The aforementioned documents show that my condition has worsened since I first applied. My treating physician has also written a letter explaining my swelling and pain, and how my advanced arthritis has limited my movement and my speed. Since you did not have this information when you first made a decision on my case, I thought it would be relevant and helpful this time.
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How Much Will An Attorney Charge To Handle An Ssdi Appeal
If youre considering hiring an attorney to handle your SSDI appeal, chances are that you are curious as to how much an attorney will charge you. But what most people dont realize is that SSDI cases are a special area of the law in which attorneys do not charge hourly rates or demand large retainers. Instead, the amount that an attorney charges for an SSDI case is set by law, meaning that all attorneys charge a fee that is calculated the same way.
How To Win A Social Security Disability Appeal
If you have applied for social security disability benefits and your claim has been denied, you should know that you arent alone. As much as 70 percent of SSD applications will receive a denial. This is due to a number of different factors, and fortunately, a denial doesnt mean that you cant obtain the approval you need to survive.
Appealing your denial is the next step in securing SSD benefits you need. But filing an appeal can be just as confusing as the application for benefits. If you are appealing or planning to appeal your social security disability appeal, read on to learn more about the steps you and your attorney can take to win.
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Requesting Reconsideration Of The Initial Determination
A request for reconsideration results in your case being reviewed by claims examiners and medical consultants who were not involved in making the determination that you are appealing. Reconsideration must be requested in writing within 60 days of the date of the notice that Social Security sent to you containing information about its initial determination.
If you currently receive benefits, your SSI lawyer will submit the request for reconsideration within 10 days from the date you receive the notice. Doing so will allow your benefits to continue at their current level without interruption until the reconsideration takes place.
What Are The Chances Of Winning A Social Security Disability Appeal
Before getting into those numbers, be aware that the question of what factors the Social Security Administration uses to determine whether your particular claim will be approved or denied is not addressed in this post. For more information on that, check this out.
This post talks ONLY about your statistical odds of receiving benefits.
These claims can be made under two provisions of the law:
In other words, 2 million Americans made claims for disability benefits in a year.
So, of those 2 million claims, what are the odds that each of them will eventually be approved?
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Improve Your Chances Of Winning An Appeal
A Social Security disability federal court appeal takes time and money, but it may be your only choice when you have exhausted all other methods of challenging an adverse determination. You can improve your chance of success during the appeal process by speaking with a Social Security disability lawyer at Scully Disability Law.
We know the federal laws and regulations and the type of evidence needed to support a claim for benefits under SSI and SSDI. Our lawyers also have the experience and skill to present evidence and supporting arguments compellingly to enhance your chance of a successful outcome.
What Happens At Each Step Of Appeals
Most people are denied disability benefits on their initial claim, which means appealing and waiting longer for an answer. This is what happens at every step:
- Reconsideration: Your original file goes to a different disability claims examiner for a fresh look. If denied again, you have 60 days to request a hearing.
- Administrative Law Judge Hearing: A disability judge listens to your arguments for benefits and makes a new decision. This is your chance to speak face-to-face with an important decision-maker.
- Appeals Council Review: A group at Social Security reviews the judges decision. You have 60 days from your ALJ denial to file for this review.
- Federal Court Review: If youre still denied, you can file a lawsuit against Social Security in federal court.
No one should wait through this process any longer than they have to.
Winning the fight for disability benefits isnt easy. But Robertson Wendt can help you avoid mistakes and extra delays and help you at every step of the way.
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What To Do If Your Claim Is Denied
If your application is denied and you wish to receive Social Security Disability benefits, your best chance for success is to file for reconsideration with the Social Security Administration .
Most disability claims are denied during the initial review. Most reports indicate that about three-fourths of claimants receive notification of a claim being denied when it is reviewed for the first time.
Documentation is a necessity, so you must provide hard medical evidence that shows the severity of your condition and that supports your disability claim. Without detailed medical records and other documentation, Disability Determination Services cannot determine the severity of your condition and whether you meet the specific criteria for approval.
You will need to make sure that DDS has access to all your medical records and any other supporting documentation. The more supporting evidence you can provide, the more likely that they are to see the severity of your condition and determine that your description is accurate and that you are unable to work for a living.
The more evidence that you can provide initially, the more likely you will be able to prove your claim earlier on in the process. You can retain the help of a Social Security Disability lawyer at any time during the claims process. A lawyer will help you throughout the process and will help gather supporting evidence and documentation for your case and to prove that you are unable to work.
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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What If My Reconsideration Is Denied
If youre denied, dont worry. Many cases are denied at this level. In fact, only about 15% of requests for reconsideration are approved. If you are denied at this stage, we can appeal the decision by requesting a hearing with an administrative law judge. Like the reconsideration process for disability claims itself, the hearing process is also lengthy, has multiple stage, and requires gathering important documentation and information.
In the hearing, you will have the opportunity to present your case, as well as any new and relevant medical evidence. Beware the SSA may present expert witnesses who could testify against your claim and ask technical questions for which you may be unprepared. You have 60 days from the notice of denial to file a request for hearing.
Describe How You Are Unable To Work
This is the most vital part of the appeal letter, include a paragraph explaining how your disability prevents you from working any jobnot just your old job. Service Canada emphasizes strongly on the severity and longevity of your conditions, as well as how it has affected your employability.
Due to my developing condition, I am dealing with physical pain on a daily basis. I also suffer from mobility difficulties because of the same problem. I am forced to walk very slowly, and at a deep stood. I need to take breaks every 10 minutes and I also have a hard time getting up from a seated position. Apart from it, I also have to sit in a specific position so that I dont irritate the nerves and suppress any muscles. As a result of my condition, I was unable to commit to a regular schedule of a gainful job.
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Work With A Social Security Attorney
Because a reconsideration appeal goes through the same review channel as the original SSDI claim, the chances of getting your disability appeal approved by the SSA are not good. In fact, a report released by the SSA stated the agency denied 87 percent of all cases heard during the first stage of the appeals process in 2018. One of the most effective ways to improve your chances during reconsideration is by hiring a state-licensed Social Security lawyer.
Your attorney will know how to strengthen your case by submitting additional convincing documentation from both your physician and employer. Hiring a lawyer also ensures you file for reconsideration long before the 60-day deadline.
Schedule a free case evaluation with a Social Security attorney today to boost your chances of winning a disability appeal.
How To Win A Disability Appeal Without A Lawyer
Yes, its possible to win a disability appeal without hiring a lawyer. The SSA also doesnt require you to have one. But statistics prove that you are more likely to get approved if you have a lawyer.
Why is that?
First of all, lawyers have extensive knowledge of the legalities concerning disability claims. They know what the law says and therefore can determine what particular provisions apply to your case. Since they handle a lot of disability cases, they already know the system like the back of their hand. They know what the SSA wants to see and how to make them see it.
If youre worried about the cost, dont. Disability lawyers only get paid when you win your case. If you get denied, you wont have to pay anything. Its essentially a win-win situation.
But if youre confident that you can win your case yourself, here are some tips and tricks to ace the disability appeals process.
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Write A Letter Of Appeals To The Ssa And File It On Time
If you receive an SSDI denial from the SSA, you have 60 days from the date listed on the denial letter to file a disability appeal. If you do not meet the 60-day deadline to file for reconsideration, you will have to restart the SSDI claim process.
The 60-day deadline to file a disability reconsideration appeal does not mean you should wait until day number 59 to submit the right paperwork. The sooner you file a disability appeal, the quicker the SSA issues a decision regarding your claim. Acting with a sense of urgency improves the chances of having your appeal approved by the SSA.
Do Ssdi Denials Come Faster Than Approvals
No, the speed at which a Social Security Disability or SSI claim is decided really has nothing to do with the strength of the case. If the records come in quickly, the disability examiner may make a faster decision. If the records take longer, so will the disability decision.
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The Four Appeal Levels For Social Security
After you receive your denial letter, you will have 60 days to complete your request for reconsideration. Keep in mind that mailing times may cut into that sixty days, which means up to ten days might be wasted in transit. It may be best to assume you have only 50 days. Alternatively, you can drop it off at the social security office in person.
The first three steps lead up to your federal court appeal. So its important to take each step seriously and complete it in full and to the best of your ability.
Request Appeal On Time
After every decision, you have only 60 days to submit your appeal in writing. If you wait more than 60 days to request an appeal, your appeal will probably be dismissed. At the first three levels of appeal , you must file your appeal by submitting specific forms. You can find these forms on the SSA website or by stopping in to your local Social Security office.
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