Social Security Disability Awards
A recent question started off with the statement, "Social security disability awards are unfair. I've been denied 3 times. Why can't I get approved for disability?"
Answer: most individuals who file for disability in either the SSD (social security disability) or SSI (supplemental security income) program get denied at the initial claim level (the basic application level which typically begins with either a call or a visit to a social security office). This much is a given and, in fact, more than two-thirds of all claims initially filed are turned down.
Unfortunately, a significant percentage of claimant do not utilize the appeal process. Instead of filing appeals after being turned down, they make the awful mistake of starting over with new applications. This is both a tactical and strategic mistake because in nearly all cases, filing a new claim versus filing the first (and later second) appeal will simply result...in being denied again.
To get approved for disability benefits, a claimant should do the following:
1. Following the receipt of a disability denial, a claimant should file the first appeal available to them. This is known as a request for reconsideration. Are reconsiderations usually denied as well? Yes, reconsiderations in most states are denied overwhelmingly. Often at a rate higher than eighty percent. However, this is not something that should dissuade a claimant. Reconsiderations, in a practical sense, should simply be viewed as a necessary step to go through (or "hoop to jump through") before a hearing can be requested.
2. Following the receipt of a reconsideration denial, a claimant should immediately file a request for hearing before an administrative law judge. Disability hearings are an arduous step in the disability claim process because, depending on in which part of the country a claimant lives, a hearing may take take months or even years to get scheduled. However, for a claimant who has received an initial denial on a claim, a hearing represents the best chance of eventually being awarded disability benefits. According to the House Subcommittee on Social Security, as many as two-thirds of all individuals who go to disability hearings are approved to receive disability benefits.
How are disability awards (in either the SSD or SSI disability program) made? There are several basic criteria that come into play when evaluating a claim at any level of the system. First of all, a claimant must have a severe impairment. Second, this severe impairment must be functionally limiting. That is, it must affect a claimant's ability to engage in normal daily activities, such as work activities, and it must do so to the extent that the claimant cannot earn more than what is known as substantial gainful activity. Finally, this state of disability must last for at least one full year, or the medical records must indicate that the state of disability can be projected to last for at least this long.
How are claims actually evaluated by the social security administration? As you may have guessed, the process of rendering a disability determination is heavily dependent on obtaining and evaluating a claimant's medical records. For this reason, any individual who files for disability should be sure to disclose all sources of medical treatment and to provide as much information as possible (such as places of treatment, names of doctors, and approximate dates of treatment).
The process of gathering medical records on a disability claim begins with the disability paperwork submitted by a claimant to the social security administration at the time of application. And it continues at the point at which a disability examiner receives the case and begins requesting records from the medical sources listed on this paperwork (typically, this is where most of the processing time on a case occurs---the wait for records to arrive so that a case may be decided).
Once the records are received by the disability examiner who has been assigned to the case, they are evaluated to determine what the claimant is still capable of doing, despite their condition. This is known as residual functional capacity.
Once the RFC rating has been determined, this can be measured against the claimant's prior work history. Why? To determine whether or not the claimant will be able to return to any job they have done in the past.
At this point, it should be easy to see that social security disability awards are based on what a claimant's medical records have to say, but also what their work history has to say, including the types of jobs they've done in the past, the level of exertion required by past jobs, and the types of job skills developed in the course of performing these jobs. Therefore, for this reason, a claimant should not only provide full information regarding sources of treatment, but also as much information as possible concerning their work history. For practical purposes, this should mean reporting all jobs done in the last fifteen years (this is what social security refers to as the "relevant period"), the titles of all jobs, the dates of employment, and (very important, this next one) a detailed description of the duties required and performed for each job.
Return to:
Social Security Disability Secrets
Social Security Disability Benefits Questions
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Social Security Disability, the Trial Work Period, EPE, and Expedited Reinstatement
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How far back will a Disability Lawyer try to prove that my Disability began?
Peripheral Neuropathy can Limit the Ability to Walk or Stand
Social Security Disability Blog
Answer: most individuals who file for disability in either the SSD (social security disability) or SSI (supplemental security income) program get denied at the initial claim level (the basic application level which typically begins with either a call or a visit to a social security office). This much is a given and, in fact, more than two-thirds of all claims initially filed are turned down.
Unfortunately, a significant percentage of claimant do not utilize the appeal process. Instead of filing appeals after being turned down, they make the awful mistake of starting over with new applications. This is both a tactical and strategic mistake because in nearly all cases, filing a new claim versus filing the first (and later second) appeal will simply result...in being denied again.
To get approved for disability benefits, a claimant should do the following:
1. Following the receipt of a disability denial, a claimant should file the first appeal available to them. This is known as a request for reconsideration. Are reconsiderations usually denied as well? Yes, reconsiderations in most states are denied overwhelmingly. Often at a rate higher than eighty percent. However, this is not something that should dissuade a claimant. Reconsiderations, in a practical sense, should simply be viewed as a necessary step to go through (or "hoop to jump through") before a hearing can be requested.
2. Following the receipt of a reconsideration denial, a claimant should immediately file a request for hearing before an administrative law judge. Disability hearings are an arduous step in the disability claim process because, depending on in which part of the country a claimant lives, a hearing may take take months or even years to get scheduled. However, for a claimant who has received an initial denial on a claim, a hearing represents the best chance of eventually being awarded disability benefits. According to the House Subcommittee on Social Security, as many as two-thirds of all individuals who go to disability hearings are approved to receive disability benefits.
How are disability awards (in either the SSD or SSI disability program) made? There are several basic criteria that come into play when evaluating a claim at any level of the system. First of all, a claimant must have a severe impairment. Second, this severe impairment must be functionally limiting. That is, it must affect a claimant's ability to engage in normal daily activities, such as work activities, and it must do so to the extent that the claimant cannot earn more than what is known as substantial gainful activity. Finally, this state of disability must last for at least one full year, or the medical records must indicate that the state of disability can be projected to last for at least this long.
How are claims actually evaluated by the social security administration? As you may have guessed, the process of rendering a disability determination is heavily dependent on obtaining and evaluating a claimant's medical records. For this reason, any individual who files for disability should be sure to disclose all sources of medical treatment and to provide as much information as possible (such as places of treatment, names of doctors, and approximate dates of treatment).
The process of gathering medical records on a disability claim begins with the disability paperwork submitted by a claimant to the social security administration at the time of application. And it continues at the point at which a disability examiner receives the case and begins requesting records from the medical sources listed on this paperwork (typically, this is where most of the processing time on a case occurs---the wait for records to arrive so that a case may be decided).
Once the records are received by the disability examiner who has been assigned to the case, they are evaluated to determine what the claimant is still capable of doing, despite their condition. This is known as residual functional capacity.
Once the RFC rating has been determined, this can be measured against the claimant's prior work history. Why? To determine whether or not the claimant will be able to return to any job they have done in the past.
At this point, it should be easy to see that social security disability awards are based on what a claimant's medical records have to say, but also what their work history has to say, including the types of jobs they've done in the past, the level of exertion required by past jobs, and the types of job skills developed in the course of performing these jobs. Therefore, for this reason, a claimant should not only provide full information regarding sources of treatment, but also as much information as possible concerning their work history. For practical purposes, this should mean reporting all jobs done in the last fifteen years (this is what social security refers to as the "relevant period"), the titles of all jobs, the dates of employment, and (very important, this next one) a detailed description of the duties required and performed for each job.
Return to:
Other Posts
Social Security Disability, the Trial Work Period, EPE, and Expedited Reinstatement
Will my Disability Benefits be Affected if I get Married?
How far back will a Disability Lawyer try to prove that my Disability began?
Peripheral Neuropathy can Limit the Ability to Walk or Stand
Social Security Disability Blog
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