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I occasionally receive emails from individuals who are either appealing denials on disability claims or are considering filing and getting the appeals process started. Usually---though everyone's question is a bit different---they tend to resolve around these three issues: 1. Is appealing a denial the right thing to do, 2. How long will my appeal take, and 3. How difficult is it to win a case if you are appealing a denial on a social security disability or SSI disability claim. Regarding the first question (Is appealing a denial the right thing to do?), the answer is most definitely yes in 99 percent of all cases. There are really only a very few situations in which a disability claimant's best course of action will not include appealing a denial; for instance, if a claimant was denied for being ineligible for "non-medical reasons", such as earning too much income at the time a disability application was filed, or having too much money in the bank (an asset limit of $2000.00 applies to SSI cases--there is no asset limit, though, for regular social security disability cases). But these situations are few and, in most cases, for a claimant has been denied their benefits, appealing will represent the best and wisest choice Why is the case? Simply because in the social security administration's disability evaluation process, cases that have been denied at the initial claim or reconsideration level will have a better chance of being approved at a disability hearing before an administrative law judge. However, a claimant cannot get their case heard by an ALJ without appealing and following the appeals process. What are the chances of being approved for SSD or SSI disability at this level---the hearing level---of the appeals process? Typically, more than half of the claims that are carried to the hearing level are approved. By contrast, about seventy percent of all new applications for disability are denied, making many claimants chances much better at a disability hearing than on an initial application. Regarding the second question (How long will my appeal take?), there is no easy answer. If the appeal in question is a request for reconsideration (reconsiderations may be phased out by the time you read this...or not), appealing can easily take as long as the application that was initially filed by the claimant. On average, reconsiderations probably take about four months, though they can take as little as a few weeks and as long as six months (or longer). If the appeal in question is a request for a hearing before an ALJ (administrative law judge), however, the wait can be excruciatingly long, perhaps as much as much as a year or longer. If a claimant is appealing to have their claim brought before a judge, can this process be speeded up at all? This is a very frequently asked question. Answer: possibly. Here's how. Claimants who are in danger of being evicted from rental property, or having their real property foreclosed on can submit a "dire need letter" to the office of hearings and appeals requesting that their appeal be expedited. To this letter, a claimant should attached copies of threatening notices from landlords or mortgages companies to validate their dire need request. Claimants who are represented, of course, can have their attorney assist them in this process (a dire need letter can also be submitted if a claimant is in danger of going without necessary utilities--heat, water--and needed medications). Additionally, a claimant who has requested a hearing and needs to have this request expedited can contact their local congressman or one of their two senators for assistance (usually, this assistance will be provided by a staffer in the senator or congressman's office). This is known as a "congressional inquiry" and it can sometimes have the effect of motivating a hearing office to move faster on a hearing request. Regarding the third question, how difficult is it win a disability claim by appealing, the answer is simply this: the social security disability and SSI disability process is difficult at all levels, and this reality applies to new applications and to individuals who are appealing a denial on a disability claim. However, as was stated earlier, claimants who are initially denied (in other words, denied on their application) will generally stand a much better chance of being approved if they follow the appeals process, particularly if they can get their case in front of a judge (and every disability claimant can, it simply takes time following an official request for a hearing). The following links may answer specific questions about the disability process and appealing denials. Appeals for Disability How to get on disability General Info on social security disability and SSI Disability Advocates Help with Claims Free Case Evaluation |
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SOCIAL SECURITY DISABILITY SSI LAWYERS ATTORNEYS ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 3 ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 4 |
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If you suffer from a medical disability such as hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, ulcerative colitis, irritable bowel syndrome, arthritis, dysthymia, depression or other mood disorders, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, statutory blindness, peripheral field problems or other vision loss, clinical obesity, attention deficit hyperactivity or, simply, adhd, bipolar disorder or manic depression, panic disorder, schizophrenia, autism, head trauma, memory loss, low iq, mental retardation, learning disability, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, esrd or end stage renal disease, reflux, gerd (gastroesophageal reflux disease), cfids, muscular dystrophy, coronary artery disease, cardiomyopathy, or tachycardia, bradycardia or other arrhythmia and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "questions" & "how" pages. |
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