This information may help claimants with representation, as well as those who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the ssd and ssi benefits and backpay to which a person is entitled. |
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Generally, the rule is this: If you are denied on your Initial Claim for disability benefits, you will probably be denied on your first appeal (the Reconsideration) as well.
In other words, Social Security Disability and ssi benefit claims that are denied at the Initial level will almost always need to be heard by an Administrative Law judge before they can be approved. Why does the claim process work this way? Mainly because Reconsiderations are handled by the same agency that reviews Initial Claims--DDS, otherwise known as Disability Determination Services. As we've already discussed, DDS is the state agency (every state has at least one DDS; some, in fact, have several) charged with the responsibility of deciding for the Social Security Administration which cases win...and which cases lose. Logically, for DDS to deny Initial Claims and then, just weeks later, approve them at the Reconsideration level would be equivalent to admitting decisional errors on Initial Claims. In other words, that a denied claim should have won and been awarded benefits. For this reason, DDS very seldomly approves a Social Security Disability or ssi case at the reconsideration level. And, for this reason, as well, the denial rate on reconsiderations is even higher than that for Initial Claims, i.e. very few of them win. But because this is true, disability representatives and attorneys will often advise Claimants to expect a denial of the Reconsideration, simply because it happens roughly 80-85% of the time. Although it is difficult to discern much about Social Security 's disability system, the basic rule of thumb regarding approvals and denials is that, unless you are approved on your initial application, you will need to see a judge before your case is ultimately won and benefits can be approved. Disability Advocates Help with Claims Free Case Evaluation |
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SOCIAL SECURITY LAWYER - SOCIAL SECURITY DISABILITY LAWYER REFERRAL ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 1 ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 2 |
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