Expert Assistance On Your Side
When we take the helm of your VA disability appeal, you can expect the following important advantages from our team:
- We provide guidance throughout the appeal process to help you understand what to expect.
- We ensure that the VA has all the necessary and accurate information needed to make an informed decision about your appeal.
- We collect and update medical information and evidence to prove your service-connected disability.
- We maintain interactions and contact with the VA to follow your appeal throughout the process even if it takes a long time.
What To Expect At A Social Security Disability Hearing
If you make it to the disability hearing stage, your hearing may take as little as 15 minutes or may go as long as one hour. This will depend on the number of questions the judge asks you, and how many expert witnesses have been called to testify. An attorney can prepare you for the hearing so you know what types of questions to expect, and understand how to answer them.
All judges are different, so its impossible to know exactly what to expect, but they will all focus on your medical records and work history. The judge will ask about the type of pain you are experiencing, how your condition restricts your ability to function, and what your limitations are when performing certain tasks.
No matter what the judge asks you, its important that you are always honest. Do not lie or exaggerate, as that will harm your chances of winning your case. Judges know when someone is being dishonest with them based on their years of experience. Also, do not be embarrassed about your condition, no matter what it is. Judges have heard hundreds of testimonies over the years and are only looking for the facts of the case.
Kentucky Social Security Disability Appeals
Some people think that getting Social Security Disability benefits is easy and a sure thing. It is not. In fact, the Social Security Administration denies more claims than it approves every year. Many of the denied claims are valid.
Fortunately, for people whose claims have been denied, there is hope. Many of these SSD claims go on to be approved during the appeals process.
Most importantly, dont give up. Its frustrating when the government denies your claim for disability. And while the process to appeal can be a complex process, you can still win on appeal.
The majority of people who apply are turned down. But at Morgan, Collins, Yeast & Salyer, we want to help turn your denial into approval.
Please contact us today to get the Kentucky Courage you need to fight for the disability benefits you deserve. It costs you nothing to talk with us and find out about your options for appealing a denied SSD claim.
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Outcomes Of Applications For Disability Benefits
The tables in this section provide data on the outcomes of applications for disability benefits. The data on applications are derived from the Social Security Administration’s Disability Research File maintained by the Office of Disability Programs. Each year this file is updated with information about applications for disability benefits that is then used to determine the outcome of those applications. The outcome data in these tables are reported by year of filing and include decisions made through the administrative appeals process.
Table 60 shows the total number of applications filed in a year, the number denied for nonmedical reasons before a medical decision is made , the number that are pending a final decision, the outcome of applications for which a medical allowance or denial was made, and award and allowance rates. Applications for which a medical allowance or denial decision was made but which were subsequently denied for nonmedical reasons are shown under the medical decision header as subsequent denials. The most common nonmedical reason for denying a claim is insufficient number of recent work credits.
The allowance rate is calculated by dividing the number of medical allowances by the total number of medical decisions made for a 1-year cohort. The award rate is a broader program measure that is calculated as the number of allowances minus subsequent denials divided by total applications filed for a given year.
Ssdi Attorneys Helping People Reach Their Goals In Chicago
Approximately 40 million people in the United States have a disability. That translates to about 12.6 percent of the population. For those who apply for Social Security disability benefits, only around 30 percent are approved at the initial application level. At the Administrative Law Judge Hearing, that percentage nearly doubles to 55 percent. Your odds of winning benefits are greatly improved by having a Social Security disability lawyer represent you: About 70 percent of people who hire a SSDI attorney to represent them are awarded benefits, while only around 41 percent of those without a lawyer are approved.
Whether you are considering applying for SSD benefits or youve been denied and are thinking about filing an appeal, the Social Security disability lawyers at DePaolo & Zadeikis are familiar with the Social Security Agency regulations that must be met, filing procedures that must be followed, medical evidence needed and tips that optimize your chances of receiving SSD benefits. Give us a call today at 312-263-7560 for a free, no obligation consultation.
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The Social Security Administration Recognizes Your Condition As Disabling
Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability short-term disability does not qualify.
The Social Security Administration Blue Book lists more than 100 medical conditions the SSA considers disabling. Each condition has specific criteria applicants must meet, through medical evidence, to prove their disability. Being able to meet these criteria doesnt guarantee that the SSA will rule that you are disabled enough to receive disability benefits. Some people can meet a listings criteria from a medical standpoint yet, either through workplace accommodations, treatment, or an ability to adapt to or work through any pain, still be able to work. But meeting the criteria for a specific listing increases your chances of approval.
Drugs Alcohol And Criminal Convictions
Many disability applications are denied because drug, alcohol, or criminal convictions are involved. Although it is possible to obtain SSD benefits despite previous drug or alcohol abuse, if it is determined that the substances continue to play a role in your disability, you will likely be denied. Similarly, claims that are linked to criminal convictions will often be denied.
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What Our Customers Are Saying
I cant say enough about the way Joe and Brett treated me. The information they provided me was invaluable, and their knowledge of the VA system was out of this world. I cant say enough good things about themthey were awesome!
I cant say enough about how Brett and his team helped me work with my VA disability claim. They were just excellent and so professional. I have trouble getting organized these days, but Brett went to the hearing with me and did everything that needed to be done. I was so impressed with Allsup that Ive already referred several other veterans, including my brother, who served in Vietnam.
I am absolutely happy with the service that Allsup, Brett Buchanan and his entire team gave me. I would have never been able to deal with the VA by myself. No one can. Ive already referred five or six veterans to your VA service, and Ill continue to do so because of your expertise in veterans disability issues.
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Reconsideration Of Continuing Disability Claim
Once you begin receiving disability benefits, your case will be re-examined periodically through a continuing disability review . The SSA may end your benefits for a variety of reasons, including:
- a determination that your condition has improved and you can now work, or
- your failure to cooperate in the CDR process.
If your benefits were terminated and you want to appeal the termination, you must request a reconsideration of a CDR at a hearing before a disability hearing officer . Before your claim goes to the hearing officer, it will receive a second review by a different DDS medical consultant and examiner who could reverse the prior decision to terminate your benefits.
Although the DHOs are not doctors or psychologists, they are allowed to form their own medical opinions about the severity of your physical or mental impairments. As you prepare for the DHO hearing, keep in mind that the SSA must show reliable evidence that you have had significant work-related medical improvement. This is a matter of medical judgment. Social Security must consider your treating doctor’s opinions on your limitations and whether they have lessened. If your case is borderline, you should win your appeal and your disability benefits should continue. If your claim is denied, your next step in the appeal process is to request a hearing before an administrative law judge .
How Long Does A Social Security Disability Appeal Take
The amount of time that it takes to resolve an SSD appeal depends on a number of factors, including what levels of appeal you seek. A request for reconsideration is usually decided in as little as 4 weeks, or as long as 12 weeks. If you file a request for an ALJ hearing, it can take much longer due to the hearing backlog. Based on where you live, you may need to wait anywhere from 1 to 3 years to get a hearing scheduled.
If your application for disability benefits has been denied, reach out to a seasoned Social Security disability attorney. Your lawyer can examine your case file and give you an estimate of how long it may take to appeal a denial.
How Long Does A Disability Claim Take Infographic
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How We Can Help
The process of applying for SSDI or SSI benefits can be daunting, particularly when you are already facing health issues and are unable to work. Whether you are just starting your application or have already received a denial, our law firm can help.
Paul Giannetti, Attorney at Law represents people with disabilities or who have suffered injuries in all types of matters, from personal injury and workers compensation to Social Security disability claims and appeals. In each case, we work hard to help our clients get the money that they are entitled to under the law. To learn more or to schedule a free case evaluation with an Albany Social Security disability attorney, give us a call at or fill out our online contact form.
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What Are Common Reasons For Denial Of Ssdi & Ssi
The Social Security Administration may deny any SSDI or SSI application if they believe the applicant does not actually qualify for benefits.The SSA might deny your application if:
- Your condition does not meet the SSAs definition of a disability. You are still working and earning money. Y
- You waited too long to apply, making pertinent medical information outdated.
- You failed to provide adequate medical evidence and documentation of your disability.
- You failed to follow your doctors treatment plan.
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Review By The Appeals Council
If the administrative law judge denies your claim, you may still have recourse. You can then request that the Appeals Council review your case.
The council may refuse to review your case if they find that the original hearing decision was correct in accordance with Social Security regulations and laws. However, if the Appeals Council does decide to review your case, they will examine the administrative law judges decision for any errors.
What Percentage Of Disability Appeals Are Approved
According to the Social Security Administration , approximately 35 percent of disability appeals are approved for both Social Security Disability Insurance and Supplemental Security Income .
This percentage is a national average for the latest year available, 2010. The percentage of current disability appeals that are approved in your area may be different.
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What Happens After You Win An Ssd Appeal
If you win an SSD appeal at any level, then you will start to receive a monthly cash benefit from the SSA. The exact amount that you receive will be based on your work history and how much you have contributed through payroll taxes. In addition, you will typically receive a lump-sum back payment, starting from the time that you filed your application plus up to 12 months retroactive to this date based on your disability onset date.
After you are deemed eligible for SSDI, you will also receive Medicare benefits 2 years after your eligibility date. Your spouse and minor or disabled children may also be entitled to SSDI benefits for dependents. If you have questions about what benefits you may receive, contact an Albany Social Security disability lawyer today to schedule a free consultation.
How Do I Win A Social Security Disability Appeal
How To Win An SSI Appeal Using A Representative Write an Appeals Letter After A Benefits Denial. The Social Security Administration Appeal form allows you to summarize why you believe your denial was the incorrect decision. Obtain Supportive Documents From Your Physician. Consider Representation to Win An SSI Appeal .
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Your Disability Status Depends On Your Ability To Work
First, the SSA needs to determine if you are considered disabled by its standards. The SSA will investigate to discover if your impairment prevents you from substantial gainful activity This means the money you can earn working even with your disability. If you are capable of SGA even with your impairment, you will not be found to be disabled.
Should You Hire A Lawyer For Ssdi Appeals
Lets return to our source authority.
At 62, Windy City attorney Grossman considers himself an expert in exactly two things: arm wrestling and winning Social Security Disability appeals.
Its not a stretch to say the two require a similar skill set: Each involves overpowering an opponent determined to deny your success by outlasting you and wearing you down.
But even Grossman advises against acting hastily.
Having a lawyer for your original filing isnt necessary. Its a benefit only if you are interested in getting a head start on your almost inevitable appeal. Your disability attorney will help guide you through what documents to gather and how to make certain your application is complete and accurate.
Most people are not great historians, Grossman says. An attorney will help you assemble the right information and the correct evidence.
But initiating a claim is not where lawyers earn their keep. Your chances of succeeding at the first level by hiring an attorney improve only marginally, Grossman says. Theres no personal interface. Your application may be filled out more expertly, but he wont be making a face-to-face argument.
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Failure To Follow Treatment
If you fail to follow the treatment prescribed to you by your doctor, the Social Security Administration will deny your claim. The reason for this is that the examiner will not be able to accurately determine whether or not your condition actually prevents you from being able to work if you are unwilling to cooperate with treatment.
If there is valid reason for not following through with the treatment prescribed by your doctor, you can bring this up during the appeals process. You will, however, want a Social Security Disability attorney representing you in this case.
Ssi And Social Security Disability Lawyers
- The Fee is FreeTM Unless We Win
The attorneys at Morgan & Morgan understand the impact a denied Social Security Disability claim can have on an individual and their family, especially when these benefits are the applicants main source of income. More often than not, applications for Social Security disability are initially denied however, an initial denial does not necessarily mean that the applicant is not entitled to benefits.
Unfortunately, applicants who have been rejected may choose to abandon their claims instead of proceeding with an appeal a process that is undoubtedly intimidating to claimants even in a more typical personal injury case where they could potentially recover the benefits they are rightfully owed. At Morgan & Morgan, our Social Security attorneys have extensive experience representing individuals in the application and appeals processes, among other practice areas, and have the resources needed to recover the benefits our clients deserve.
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Will Hiring A Lawyer Increase Your Chances Of Approval
As you can see, the process is anything but simple. Filing for Social Security benefits can be complex, frustrating, and overwhelming. While you arent required to hire an attorney to represent you during the application process, of course, hiring one can greatly increase your chances of success.
Claims are often denied in the initial stage because applicants dont know how to fill out the necessary paperwork. Meanwhile, some dont provide enough evidence of their medical condition to show how its affecting their ability to work. A lawyer can help you fill out the SSDI application or even fill it out on your behalf.
An attorney can also help you gather the documentation needed to substantiate your claim. This might include detailed medical records and referrals, medication history, employment history, and IRS forms.
The SSA will work directly with your attorney and provide him or her with any updates to your claim. Your attorney will update you on the status of your case and be available to answer any questions that you may have throughout the Social Security application and appeal process.