Author: Social Security Disability Advocates

How Do I Appeal My Social Security Disability Claim?

How Do I Appeal My Social Security Disability Claim?

social security disability claim appeal process
Have questions about the social security disability claim appeal process? Call SSDA USA!

Applying for social security benefits can sometimes be a frustrating process. If you go through the social security disability claim appeal process incorrectly, you may be denied benefits. Additionally, you could be denied benefits for a variety of other reasons. Social Security Disability Advocates USA is here to help you through this process. Here are some tips for appealing the decision on your social security disability claim.

Reconsideration

Few disability claims are approved on the first try and because of this, many people find themselves filing requests for reconsideration. Such requests take place at the same Disability Determination Services (DDS) center that denied your claim, but the medical examiners and other officials that looked at your case are not allowed to review it. This means you’ll have fresh eyes on your case.

Some people wonder if this process is a waste of time. The short answer is that no, it isn’t. You’ll be able to introduce new medical evidence and other information you hadn’t originally included. In addition, some people make the mistake of filing for an entirely new disability claim when it would be better to file a request for reconsideration. Only in a few rare circumstances would it be better to file an entirely new appeal. If you have any questions, contact SSDA USA.

Administrative Hearing

If your claim still gets denied after your reconsideration request, you will be notified with a denial letter similar to the one you received initially. After this, you can take your case before an administrative law judge (ALJ). You’ll have 60 days after the denial of your reconsideration appeal (or, in some states, 60 days after the initial denial letter) to file for an administrative hearing. At this level, you have the greatest chance of success. Administrative law judges approve approximately fifty-percent of all the cases that they hear.

Appeals Council

If you’re unlucky enough to have your claim denied yet again, you have the option of having the Appeals Council review your case. The Appeals Council selects cases randomly, and they may dismiss your case without even reviewing it unless certain legal issues present themselves. In addition, if you file late, request a dismissal, or pass away, the Appeals Council can dismiss your case without reviewing it. Chances of success at this stage are slim, but don’t worry. You can still take one final step.

Federal District Court

The final thing you can do is filing a U.S. Federal District Court lawsuit. Such lawsuits are expensive and time-consuming, so if you don’t have a lawyer or an advocate from SSDA USA, you’ll certainly need one at this point.

Federal judges are only supposed to look for legal errors, but the reality is that they also rule on certain factual issues, reverse ALJ and AC decisions, and remand (send back) many of the disability cases they hear. The chances of success at this level aren’t great, but facing the appeal process alone isn’t as good as facing it with an SSDA USA advocate at your side.

Need More Information on the Social Security Disability Claim Appeal Process?

If you need help with the social security disability claim appeal process, contact SSDA USA today! Our advocates are on the line and standing by. We work hard to address all your social security questions and concerns, so give us a call anytime at (602) 952-3200. You can also feel free to contact us online and check out our LiveChat feature. Don’t keep your questions to yourself. Call an advocate today!

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice. This information is not intended to create, and receipt or viewing does not constitute, a representative-client relationship.

The Government Shutdown: Should You Worry About Your Social Security?

The Government Shutdown: Should You Worry About Your Social Security?

government shutdown and social security
Want to know more about the government shutdown and social security? Call SSDA USA right away!

The U.S. entered a partial government shutdown on December 22, 2018, worrying many people across the nation. Chances are, you are like others and are wondering, “How does this affect my 2019 social security benefits?” Well, wonder no more. Social Security Disability Advocates USA has the answer.

The Answer

In short, your social security benefits will not change because of the partial government shutdown. The Social Security Administration has a contingency plan for such shutdowns, and the funds it distributes to beneficiaries aren’t supplied by annual government appropriations.

In previous shutdowns, social security checks went out on time and successfully arrived at the beneficiaries’ residences. The same should occur for this partial government shutdown.

While Medicare, Medicaid, and Social Security have protection during the partial government shutdown, other parts of the government may see slight alterations. For example, the Environmental Protection Agency (EPA) and the Food and Drug Administration (FDA) may reduce the number of inspections their employees perform. National parks and museums may limit or suspend their operating statuses during the shutdown. Though, everything will return to normal after the shutdown ends.

Special Circumstances

Keep in mind, however, that the partial government shutdown does affect some aspects of the Social Security Administration. For example, the Social Security Administration can recommend the processing of new social security applications as well as new requests for appeals during the shutdown. However, a few things could change.

Since the Disability Determination Services (DDS) offices are in charge of these tasks and are state entities, the Social Security Administration has no control over whether they will carry out such tasks. This is especially true if these entities furlough their employees.

The good news is that social security falls under the financial category “mandatory spending.” This means annual appropriations don’t affect the funds that go out to beneficiaries.

So don’t worry; your benefits are safe.

Just be aware that some other functions of the Social Security Administration may change during the partial government shutdown. For example, your disability hearing may be delayed, and you may not be able to get a replacement Medicare card. Things like that. But your benefits – the money you receive – are completely fine.

Have More Questions About the Government Shutdown and Social Security?

If you have further questions about the government shutdown and social security, contact Social Security Disability Advocates USA today! We are always standing by and ready to address all your social security concerns.

Feel free to give us a call anytime at (602) 952-3200. Also, you can contact us online and make use of our LiveChat feature. Don’t keep your questions to yourself. Contact an SSDA USA advocate right away!

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice. This information is not intended to create, and receipt or viewing does not constitute, a representative-client relationship.