Social Security Retiree's Blog-Part 2

Be advised that I, the author is not rendering any professional or legal advice nor am I representing any government agency. Please visit or call your local Social Security office for current Social Security information concerning benefits, credits and other government information. This blog concerns my firsthand knowledge and training and should be used for information only. If legal advice or guidance is needed, please consult with a professional legal agency.

The qualifications for Social Security disability are: (1) You have a disability that is expected to last for 12 months and/or (2) expect the disability to result in death.  However, anyone can file for disability. The filing disability criteria are the same for SSI and SSDI. There are other programs like surviving spouse, surviving dependents that are part of the SS program. I will focus only on Disability programs in this blog.

The filing process for disability can be long and requires patient. Here are the steps for filing for disability.  One must first file an initial claim, if the claim is denied, and then one must go through the disability appeals process. Before you file an appeal, make sure you are appealing the right program. Claims Representative usually takes two initial claims, one for SSI and the other one for SSDI.  When you get a letter of denial, immediately take your denial letter to the local Social Security office and they will explain why you were denied.  Then proceed through the appeals process.

They are: (1) file for a reconsideration. If denied, (2) file for a hearing with the Administrative Law Judge if denied again, (3) that decision can be appealed to Social Security's Appeals Council.  (4)If the claimant disagrees with the Appeals Council's decision, he can appeal the case in the federal district court for his/her jurisdiction. (5) Most federal court cases, an unfavorable district court decision can be appealed to the appropriate United States Court of Appeals, and (6) an unfavorable appellate court decision can be appealed to the United States Supreme Court.

When a claimant files for a new claim, he/she can go to the local Social Security Office, or request a telephone appointment or file on the internet.  Prior to filing for disability, try to have all your medical records readily available. The process for the initial claim takes about six (6) months.

It has been my experience that quite a few people have been denied for lack of medical information. Either you don’t provide medical information or the doctors listed on the disability application fail to provide requested information. If Social Security doesn’t have enough information to make a determination, they will send you to a doctor for evaluation.

However, the doctor they may send you to may not have the expertise to properly evaluate you. For instance, I had a claimant who had a severe back injury but he was sent to see a psychiatrist. His complaint was that the doctor merely asked him some questions and sent him home. Based on that doctor’s recommendations he was found not disabled.  I have had many claimants say similar things. So beware and make sure you have the proper medical support for your case!

If your initial claim is denied, you must file for reconsideration.  Do not file for a new claim. One wants to go through the appeal process because you can get disability back pay to the first day you filed your claim if you win the case (this is called your onset date).  It is wise to seek the services of a trained Disability Law agency at this point.  One does not have to pay out of pocket for their services because the fee is paid out of your back pay. My experience shows that you should not get a disability free service because the representation is very poor.

In conclusion, Many claims are denied because of lack of medical records. Medical records are very important.  My experiences show that many claims are denied because (1) The claimant does not provide medical information to support their claim, (2) The doctors  named on the claim does not send in the proper medical records to Social Security or none at all and (3) Some  Social Security doctors are not qualified to determine your disability.