Disability Cases
I Heard That Social Security Disability Will Deny You Several Times
It’s no secret that it is not easy to be approved for social security disability (SSD) or SSI benefits. You may take months putting together your medical records and your work history, be the subject of more than one disability interview, your friends or family may be questioned about your medical condition and the types of activities you are able to perform, etc. It is not, generally, a pleasant process, and the harsh reality is that your claim, no matter how strong, is likely to be denied.
Seventy percent of claims are denied by the disability examiner at the state disability determination services agency (DDS), and most request for reconsideration forms, or appeals to DDS to reconsider the disability claim, are denied as well (only about 15 percent of these first appeals are approved).
In fact, many people have asserted that there is a set number of times (the general consensus seems to be three) that an application for disability must be made before DDS is allowed to approve it. This belief is, however, entirely false. There is no such policy in place at social security, regardless of the fact that everything seems to point that way.
Perhaps this belief stems from the nature of the disability determination process itself. There are three levels through which an application can pass before ultimately being approved or denied. The first level of consideration (the initial claim) and the second level of consideration (the reconsideration appeal) are determined at DDS. The third level of consideration occurs before an administrative law judge, who will review the case and either overturn or concur with the denial. The odds of being approved do increase at each level, and the best chance a claim has for approval is when it is heard before an administrative judge (about forty percent of these claims are approved).
Indeed, many claimants with strong medical evidence to back up their claim are denied twice by DDS, only to later be approved by an administrative law judge. This means, of course, that most people with a truly disabling condition are denied for no apparent reason at the first two levels of consideration.
The unfortunate truth is, the disability determination process is more than a little random, although to those applying for disability benefits this fact may be even more discouraging than the common misconception that the third time will be the charm.
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Additional Entries
Social security may send you to a medical examination. But why?
Social Security Disability Decisions (the medical determination)
Mental disability - applying for benefits
SSD SSI disability process
To file for a social security disability reconsideration
Qualifying for disability
Disability claims filed with social security
Seventy percent of claims are denied by the disability examiner at the state disability determination services agency (DDS), and most request for reconsideration forms, or appeals to DDS to reconsider the disability claim, are denied as well (only about 15 percent of these first appeals are approved).
In fact, many people have asserted that there is a set number of times (the general consensus seems to be three) that an application for disability must be made before DDS is allowed to approve it. This belief is, however, entirely false. There is no such policy in place at social security, regardless of the fact that everything seems to point that way.
Perhaps this belief stems from the nature of the disability determination process itself. There are three levels through which an application can pass before ultimately being approved or denied. The first level of consideration (the initial claim) and the second level of consideration (the reconsideration appeal) are determined at DDS. The third level of consideration occurs before an administrative law judge, who will review the case and either overturn or concur with the denial. The odds of being approved do increase at each level, and the best chance a claim has for approval is when it is heard before an administrative judge (about forty percent of these claims are approved).
Indeed, many claimants with strong medical evidence to back up their claim are denied twice by DDS, only to later be approved by an administrative law judge. This means, of course, that most people with a truly disabling condition are denied for no apparent reason at the first two levels of consideration.
The unfortunate truth is, the disability determination process is more than a little random, although to those applying for disability benefits this fact may be even more discouraging than the common misconception that the third time will be the charm.
Return to:
Additional Entries
Social security may send you to a medical examination. But why?
Social Security Disability Decisions (the medical determination)
Mental disability - applying for benefits
SSD SSI disability process
To file for a social security disability reconsideration
Qualifying for disability
Disability claims filed with social security
posted by Dnews at
5:35 PM
