Davis, Davis & Patterson

What happens at an SSDI benefits hearing?

Thu, 15 Apr 2021 21:51:00 GMT

For many individuals who apply for Social Security Disability Insurance benefits, receiving an initial denial is common. After all, processing statistics from the Social Security Administration indicate officers deny as many as 67% of first-time applications . Fortunately, you can ask a second officer to review your application.

If a request for reconsideration does not result in an approval of your benefits application, you should plan to attend a hearing in front of an administrative law judge. While this hearing may seem intimidating, it is a standard part of the SSDI process for many applicants.

An in-person hearing

After asking an ALJ to consider your benefits application, you should receive an appointment time for your hearing. ALJs usually conduct in-person hearings, although videoconferencing or a telephonic hearing may be possible. You should try to arrive early to give you time to enter the building and acclimate to the hearing room.

Your testimony

At your hearing, the ALJ is likely to ask you some questions about your work history and your disability. It is important to answer these questions honestly and completely. Your attorney may also ask you some questions to help fill in any gaps in your testimony or resolve unaddressed issues.

Witness testimony

The ALJ also may want to hear from some witnesses. It is not uncommon for vocational and medical experts to testify at SSDI benefits hearings. These witnesses may shed light on both your disability and your work impairments.

After your SSDI benefits hearing concludes, you should receive a written decision within approximately 60 days. If you disagree with the decision, you may be able to file an appeal with the SSA’s Appeals Council or to file suit in federal court.

Facts behind common SSDI myths

Mon, 01 Feb 2021 20:56:00 GMT

Social Security Disability Insurance benefits are often misunderstood, even by people who qualify. Misinformation may discourage these individuals from applying for SSDI.

Review the facts behind common myths about SSDI.

You will lose SSDI if you try to work

Actually, the Social Security Administration allows you to retain some benefits if you attempt to return to work with your disability. The Trial Work Period allows you to earn at least $940 per month for nine months while still receiving your full SSDI payment. These nine months do not have to occur consecutively but must be in the same five-year period.

The Extended Period of Eligibility, which allows eligible benefit recipients to collect benefits in months they earn less than the current SSA Substantial Gainful Activity Level. EPE lasts 36 months and does not affect your SSDI eligibility if your disability again prevents you from working.

Few Americans have a disability

While many people perceive disability as rare, 61 million U.S. adults have a disabling condition according to the Centers for Disease Control and Prevention. The CDC also notes that this number represents 26% of Americans ages 18 and older.

You have to wait a year to apply for SSDI

Some people think the SSDI program has a 12-month waiting period. In fact, you can apply for benefits as soon as your doctor diagnoses you with an illness or injury that will prevent you from working for at least a year.

If you or a loved one has become disabled, you may be able to receive SSDI benefits. If your initial application receives a denial, you have the right to start the appeal process.

What can you do after the denial of your SSDI benefit claim?

Mon, 28 Dec 2020 16:12:00 GMT

When you have a disabling medical condition, your whole life changes. You may go from a thriving professional to someone unable to work at all. You may also find yourself dependent on the help of others for your daily needs. Despite having always been financially responsible, your budget may no longer balance, and your entire household could struggle.

Social Security Disability Insurance (SSDI) benefits can help those with serious and long-lasting medical conditions who cannot work or otherwise provide for their families. Provided that the condition is severe enough and will last at least a year, if not the rest of your life, you may be able to receive SSDI benefits.

Getting benefits can be a difficult process, in part because even qualified applicants sometimes get denied at first. What happens to you if the Social Security Administration (SSA) denies your first application for SSDI benefits?

Every applicant has the right to an appeal

Those who process SSDI applications make mistakes. Applicants can also overlook details that impact their claim. Missing medical information or paperwork mistakes can result in the rejection of an otherwise valid claim.

The good news is that you don’t necessarily have to start the process over again. Instead, you have the right to file an appeal . An appeal will mean that you get more careful consideration and also that you have an opportunity to correct any mistakes or omissions in your first application. Finally, an appeal protects your right to potentially collect backdated benefits to the date when you first applied or qualified.

What does an SSDI appeal involve?

There are several different levels of appeal available to denied applicants. The first is to request that someone review the application a second time. Sometimes, that’s all that is necessary. Many other people get their benefits after a hearing with an administrative law judge.

Even those who don’t succeed in court might be able to appeal beyond that decision. They can ask for review by the Appeals Council or even take the issue all the way to Federal Court. Getting help with your appeal, especially if mistakes or oversights led to your denial, can greatly increase your chances of getting the benefits you need.

Common Social Security Disability questions

Tue, 29 Sep 2020 17:48:00 GMT

In your mind, there’s no denying the fact that you should receive Social Security Disability benefits. However, as you learn more about the process, you come to find that things aren’t as simple as you thought.

Not only are you required to provide detailed information, but you’re likely to have nagging questions that require your attention.

Fortunately, when you have a clear idea of what’s expected of you and how the process will unwind, it’s easier to get on the right path. Here are some of the most common Social Security Disability questions:

When should you apply for benefits?
Is it possible to receive Social Security Disability and unemployment benefits at the same time?
Are you able to file a claim for Social Security Disability benefits without an attorney?
Do you have to receive treatment from a physician in order to apply for and receive Social Security Disability benefits?
What happens if you discontinue treatment with your medical team?
Is a consultative exam all you need in order to obtain the medical proof necessary to receive Social Security Disability benefits?
What happens if you file an incomplete disability claim?
What steps can you take to appeal a denial?
What does the disability hearing entail and how can you prepare yourself for success?
Are you familiar with the forms that are required in order to have your Social Security Disability application reviewed?

All of these questions have an answer, however, no two people are in the same situation.

For example, the steps you take to appeal a denial isn’t likely to be the exact same as the next person. The approach you take is based on the reason for your denial and the information you can provide to have it overturned.

Do your best to answer these Social Security Disability questions as soon as possible. Doing so will clear the air while providing a better idea of what comes next.

If you’re lucky, you’ll receive an approval and your benefits will begin to arrive in your bank account. But if this doesn’t happen, learn more about your legal rights . Don’t stop until you receive all the benefits you deserve.

A reconsideration can help you get SSDI benefits after a denial

Tue, 30 Jun 2020 16:51:00 GMT

Applicants for Social Security Disability Insurance (SSDI) typically have debilitating medical conditions and find themselves worried about their financial solvency in the future. Although the benefits won’t allow for a luxurious lifestyle, they can help someone cover their basic expenses when doing so becomes impossible because of a medical condition.

Whether you have a progressive condition like Lou Gehrig’s disease that prevents you from working or you recently acquired traumatic injuries, such as a spinal injury from a car accident, you may be in a situation where you can no longer provide for yourself and your family. Unfortunately, what may seem like a straightforward case for SSDI benefits on your application may not be as straightforward to the representatives from the Social Security Administration (SSA) who process your application.

That could mean that instead of a positive benefit determination, you receive a denial when you apply. Thankfully, you do have the option of requesting a reconsideration of your case, which can help you secure benefits after an initial denial .

What is a reconsideration?

There are multiple options available to someone with a denied SSDI application. The first step in the process is usually requesting a reconsideration . Reconsideration involves a thorough review of your claim and medical documentation by someone not involved in the initial processing and denial to ensure a non-biased opinion.

What happens if your reconsideration is successful?

Sometimes, it only takes a more careful review of the medical documentation to convince a representative of the SSA of your need for benefits. If your reconsideration is successful, you will likely start receiving SSDI benefits. In fact, you could receive back pay through the date of your application or when you first became eligible, if that date falls after the date of your application.

What if your reconsideration request is not successful?

If there wasn’t enough documentation in your original application or the language wasn’t right to convince the SSA to approve your benefits, a reconsideration of the same paperwork may not change the outcome.

Thankfully, there are further steps that you can take for an appeal, possibly including having a hearing in front of an administrative law judge. It’s important not to let a failure during a reconsideration or an initial rejection stop you from continuing to pursue the benefits you need to support yourself.

Must you re-apply for SSDI benefits if you try to work but can’t?

Tue, 07 Apr 2020 20:21:00 GMT

People who apply for Social Security Disability Insurance (SSDI) benefits generally have either an illness or an injury that is so severe that they can’t imagine going back to work. In some cases, applicants can’t even provide for their daily basic needs anymore and must rely on family members for help with dressing themselves, bathing or eating.

However, even the most severe medical conditions can fluctuate or change over time. You may find that while you can’t endure demanding physical work, you may be able to work in a customer service position or operate a cash register.

Returning to work can give you a sense of independence and social connection. However, it could also mean that you lose your SSDI benefits , especially if you try to go back in a full-time capacity. Many people worry about trying to return to work because they think they will permanently lose their benefits.

The Social Security Administration wants you to try to work

While it is true that the Social Security Administration (SSA) closely monitors benefit recipients and expects them to report income and work, they do so primarily to deter fraud. The SSA supports people in their effort to return to work, often allowing people to receive reduced benefits if they only work part-time. However, if you attempt to return to work full-time, the SSA could stop your benefits. That cessation does not have to be permanent if it turns out that working isn’t successful for you.

There is a five-year grace period after you lose your benefits

Many people are reticent to even consider returning to the workforce because they believe inaccurately that they will have to go through the entire, protracted process of applying for benefits again if their job doesn’t work out for one reason or another. However, that is not how SSDI works.

All necessary medical records remain on file with the SSA for years after you cease receiving benefits. If you go back to work and then discover that doing so was a bad decision, you can notify the SSA and request that they resume your benefits . While they may investigate and review your case, you typically won’t have to fully reapply at that time.

Additionally, if you had to leave work suddenly and can’t wait for your benefit, you may even be able to receive six months of temporary cash benefits. Don’t let the fear of losing your benefits prevent you from pursuing work that will help you balance your budget or give you a greater quality of life.

The myth of being over the age of 50 to qualify for SSDI

Tue, 11 Feb 2020 22:31:00 GMT

A common eligibility myth regarding Social Security Disability Insurance is that an individual must be at least 50 years of age. The truth is that any qualified worker between 18 and 65 years of age may apply for SSDI benefits. The number of work credits earned generally establishes eligibility.

An employee’s annual working hours determines the number of credits, and anyone who has earned enough credits may apply. As noted by U.S. News & World Report, the maximum number of work credits an employee may earn each year is four. To qualify for SSDI benefits an individual must have earned 40 work credits, with 20 of them earned within 10 years of applying.

Younger individuals who have less work experience

Instead of basing eligibility on their own work credits, under certain circumstances younger individuals who become disabled may qualify based on their parents’ history of earnings. When an employee is 22 years old or younger, his or her parents’ credits may help determine SSDI eligibility. As noted on the Social Security Administration website, if a parent receives disability or retirement benefits, his or her child may qualify for SSDI.

The length of disability and medical evaluation procedure

Physical injuries and medical conditions can develop for anyone regardless of chronological age. When a mental or physical health condition prevents an individual from performing his or her job duties, applying for SSDI may help in seeking treatment. The condition must, however, have either prevented an employee from working for at least one year or carry an expectation of a minimum one-year absence from work.

A disability or repetitive motion injury sustained while working often develops over time. A medical practitioner may need to evaluate an applicant and certify the individual can expect to suffer from the condition and be out of work for at least one year. If a doctor determines a condition is likely to result in the patient’s death, he or she may qualify to receive SSDI benefits regardless of age.

The SSA’s Listing of Impairments

Fri, 13 Dec 2019 21:24:00 GMT

Like most in Georgia, you likely take pride in your job and your ability to support yourself and your family. Unfortunately, injuries or degenerative illnesses may impact that ability.

You may feel as though as you need to struggle through it, however, due to the stigma that many people often associate with receiving Social Security Disability benefits. Many may believe that someone needs to simply claim to be disabled or convince a doctor to support their claims in order to qualify for such benefits.

Qualifying for SSD benefits

In reality, the SSA requires that anyone who makes a claim of disability must provide supporting evidence of an inability to engage in “substantial gainful activity.” This inability must be due to a medically determinable impairment that professionals could reasonably expect to lead to death or impact you for at least a period of 12 months.

It goes without saying that the classification of a medically determinable impairment requires extensive clinical documentation. On top of that, the SSA maintains a detailed Listing of Impairments that clearly spell out the criteria that you must meet if you are to qualify for benefits.

Say, for example, that you are suffering from chronic joint pain. Such a problem could potentially impact almost any career, from an office job to heavy-duty manual labor. Yet the regulations governing SSD benefits state that your pain must involve a gross anatomical deformity of the joint with both chronic pain and limitation of motion. In addition, the issues must be in either a major weight-bearing joint that limits your ability to ambulate effectively or a peripheral joint that impacts your ability to perform fine or gross movements.

Identifying disability in children

The Listing of Impairments maintained by the SSA applies specifically to adults. What if your child is disabled and you need added financial assistance to cover the cost of care? To meet the SSA’s criteria, your child’s condition must meet the same standard applied to adults minus the requirement to be unable to perform substantial gainful activity.

The benefits and drawbacks of a SSDI debit card

Thu, 12 Sep 2019 19:14:00 GMT

Like many of your neighbors in Rome, Georgia, you must work to support yourself and your family. Unfortunately, though, a debilitating illness or serious injury may make working impossible. If so, applying for Social Security Disability Insurance benefits may be an effective way to make ends meet.

If you are eligible to receive disability payments from the Social Security Administration, you can choose how you access the funds. Specifically, you can pick either a paper check, direct deposit or a prepaid debit card. Before choosing the latter, though, you should understand some of the benefits and drawbacks of the SSDI debit card.

The card works like a regular debit card

Debit cards make shopping for everyday items and paying monthly bills a breeze. When you make a payment, funds immediately deduct from your account. The SSDI debit card, provided by Direct Express, works like most other debit cards. Still, because there is no overdraft protection on the Direct Express card, you can only spend up to your balance. When the funds are gone, you must wait until your next SSDI payment date for them to replenish.

Funds appear automatically

After receiving approval for SSDI benefits, your funds automatically appear on your SSDI debit card. If you opt for a paper check, by contrast, you must wait a few days after your payment date for your check to arrive. Then, you must cash or deposit the check. Note, though, the SSA offers direct deposit of SSDI funds into an existing account. If you already have a debit card or checking account and opt for direct deposit, your funds appear immediately on your payment date.

You must pay certain charges

While there is no annual fee with the SSDI debit card, you are likely to pay some fees when using yours. If you go to an ATM, Direct Express charges an $0.85 service fee. The bank that owns the ATM may also charge you a fee to withdraw cash. Still, there are some in-network ATMs that do not require you to pay an additional fee if you only withdraw cash once per month. If you want to transfer funds from your SSDI card to a checking or savings account, you also must pay a $1.50 service fee. Transfers typically take three business days to process.

As you can see, there are some advantages and drawbacks of receiving SSDI funds through a Direct Express debit card. If you do not have a bank account or like the convenience of using a debit card, though, opting for this delivery method may be a good choice.

Your path beyond Social Security Disability myths

Thu, 06 Jun 2019 23:27:00 GMT

Do you think you cannot successfully apply for and receive Social Security Disability Insurance benefits? Why do so many people entitled to these benefits fail to claim them?

Unfortunately, many false beliefs discourage people. Some common attitudes are that it is nearly impossible to get SSD, so why bother with a long, arduous process — only to face rejection.

Learn what is true and what is false

As with most government systems, complex rules and confusing information are abundant and intimidating. The thought of attacking a maze of dead ends or perplexing eligibility requirements is enough to make anyone give up. Living with a disability puts an extra layer of obstacles in your path when you approach this daunting task.

You may suffer from physical, mental or a combination of disabilities that can make even simple daily tasks hard to perform. Before letting discouragement stall your ability to get much-needed benefits, think about using professional help. You deserve to find out what benefits are available to you. You do not have to do all the hard work yourself. Above all, do not let myths about Social Security Disability stop your progress:

Myth #1: The SSA will automatically deny your first application.

It is true that many first applications fail acceptance, but it is not because SSA has a denial policy in place. The problem is that the application process can be time-consuming and complicated. You must hunt down paperwork and fill out forms. A single error in any step of the process will almost guarantee you are not accepted the first time.

Myth #2: You can rely on SSA to give you correct information.

Unfortunately, the phrase “trust but verify” is never more valid than with a government organization. SSA employees, like workers everywhere, can make errors. They may give you incorrect information . With all the complicated rules, even SSA employees might misunderstand some application requirements. Verify every “fact” from SSA.

Myth #3: You must wait a year before applying for SSD.

You can start your application on the same day you become disabled. The 12-month rule is that your disability must last at least a year or more. This is simply a medical estimate. It has nothing to do with the timing of your application.

Myth #4: You cannot afford a Social Security Disability attorney.

Even though applying for SSD is undeniably stressful, do not give up just yet. People with disabilities who finally get accepted are usually those who hire a specialist to help them. Going through this process alone is not an easy job for beginners. The government has laws that make it affordable for you to get legal help with your claim.

Welcome To Our Blog

Wed, 08 May 2019 17:27:00 GMT

We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for updates.