How to Appeal A Denied Social Security Disability Claim

Many people filing for Social Security Disability (SSD) payments or Supplemental Security Income (SSI) benefits are disheartened when their initial claim is denied. They do not realize that a majority of these applications are initially turned down. Fortunately, a denial is not necessarily the final answer.

At the Law Office of Ellene Welsh, we are prepared to appeal your SSD or SSI denial and pursue your case through an appeal to help you get the benefits you and your family need. Our firm has a strong track record of success handling SSD and SSI appeals in Douglasville, Columbus and throughout West Georgia.

Call us at 770-489-3456 to schedule a free initial consultation.

Levels of SSD and SSI Appeals

Applicants can file an initial claim at a local Social Security Administration office. If your claim is denied, speak to a skilled lawyer about the appeals process. The various levels of an appeal include:

• Reconsideration: Filing a formal Request for Reconsideration involves gathering all relevant medical evidence and other documentation, which will be evaluated by a new Social Security administrator.
• Hearing: If reconsideration is not successful, we will petition for a hearing with an administrative law judge (ALJ) who will determine whether or not you are fit to work. Experienced attorney Ellene Welsh will prepare you for this hearing and remain by your side throughout the duration of the process.
• Appeals Council: If the administrative judge rejects your claim at the hearing, our firm will request a review by the Social Security Administration’s Appeals Council.

If the administrative appeals process is not successful, you then have the option of filing a federal court appeal.

The Appeals Process

When your claim is denied, you will receive a letter that will provide the reason for the rejection of the application. It is at this point that you can begin the appeals process.

While the time for claims processing varies, it typically takes between three to five months for applicants to learn of the status of their claim. In the case of two types of claims, the SSA turnaround will be expedited. As you may have read in previous entries, Compassionate Allowances and the Quick Disability Decision allow for hastened review of claims. Other individuals who have suffered from what could be a temporary disability, such as a stroke, may not have their application reviewed for one year.

Should you receive notice of rejection of benefits, you are able to appeal the decision. These are the four steps of the process:

1. Reconsideration

In this stage, a new administrator will review the application and any new medical evidence that is provided. At this stage in the process, your presence will not be required unless you wish to meet with a representative to provide reasons that support your claim that you have a disability.

2. Hearing

In order to reduce the burden of appearing at the hearing, the SSA will select a court within 75 miles of the claimant’s home or conduct the hearing via video conference. It is expected that you will be present at this stage of the appeals process. To prepare for the hearing, the applicant is expected to review her information on file and submit any new information. During the hearing, the judge will ask questions to the claimant and any witnesses testifying. The judge’s decision will be recorded and mailed to the claimant.

3. Review by Appeals Council

Should you not find satisfaction in the rendered decision, you can appeal to the Social Security’s Appeals Council. When the council reviews appeals, it may reject any request if it believes that the judge’s conclusion was valid. Should the council decide to move forward with review, it can make its own ruling or send the claims to another arbitrator. Any judgment will be revealed in mailed correspondence.

4. Federal Court Review

The final stage in the appeals process is to seek review in a federal district court. It is here where claimants file lawsuits for benefits. The correspondence from the Appeals Council will explain how to file suit.

While the path to receiving benefits is long and winding, it is possible to successfully petition for benefits using this route. In order to ensure the best possible outcome, it is recommended that claimants speak with a knowledgeable attorney.

Experienced Legal Representation From an Experienced Lawyer

If you are seeking assistance with an SSI or SSD appeal, we can help. Our firm has in-depth knowledge of Social Security benefits and knows how to write persuasive appellate briefs. Contact us online, or call our office at 770-489-3456, to schedule a free initial consultation.

We handle appeals cases on a contingency fee basis. That means you pay no attorney fees until we secure SSD or SSI benefits for you.

When applying for Social Security disability benefits, or receiving SSD benefits, you may wonder how long you can receive the benefits that are important to you for your daily life. The Social Security Administration conducts reviews of all SSD recipients receiving disability benefits. The medical conditions of all recipients of SSD benefits are reviewed by the SSA from time to time.

When reviewing a recipient’s medical condition, without strong proof that the recipient’s medical condition has improved, allowing them to work, the disabled individual’s benefits will continue. The frequency of review of a particular recipient’s medical condition depends on how severe the medical condition is and how likely it is to improve. Once the disabled individual has been approved for the receipt of benefits, their award letter provides details as to when they should expect their first Social Security Administration review of their medical condition and eligibility for benefits.

There are three categories of review recipients may fall into. If the recipient’s medical condition is expected to improve during a certain time frame, their first review will come six to 18 months after they begin receiving benefits. If improvement of the recipient’s medical condition is possible, they can expect a review by the SSA approximately three years after they begin receiving benefits. If the recipient’s medical condition is not expected to improve, they can expect a review by the SSA around five to seven years after the begin receiving benefits. There are different review periods based on a determination of possible temporary/permanent disability.

During the review process, the process and appeal rights, will be explained to the recipient. Information concerning their medical treatment will be requested by the SSA. The SSA will also inquire about any work the recipient may have performed, as changes in income can also impact eligibility for benefits. An SSA disability examiner and a doctor will review the recipient’s medical file and request medical records. A special examination at the SSA’s expense may be required.

If the SSA determines the recipient still has a qualifying disability, their benefits will continue. If a determination if made that the recipient no longer qualifies for disability benefits, their benefits will end three months after the decision is made. In that case, the recipient has the right to appeal the SSA’s decision. There are many considerations to be aware of when receiving disability benefits to ensure you receive the benefits you should receive for as long as you need them.

Understanding eligibility for Social Security Disability

Understanding how to qualify for Social Security Disability benefits can be complicated. It is important to know how to provide evidence of eligibility, and it can also be helpful to understand how eligibility for benefits is determined. It is also useful to be familiar with the different options that may be available, including SSD benefits, which are based on work history, or Supplemental Security Income, which does not require work history to qualify, but instead considers need.

SSD benefits are based on an inability to work due to a disability. Disability is based on the existence of a physical or mental health condition that prevents the disabled individual from working. The medical condition must be expected to last longer than 12 months or result in death. The Social Security Administration also evaluates the severity of the impairment suffered by the disabled individual. The disabled individual must be unable to perform their usual work or any other type of work as a result of the disability.

The SSA evaluates the disabled individual’s ability to perform basic work activities, including the ability to sit, stand, walk, lift, reach, communicate, utilize good judgment and respond to supervision. The disability suffered must be substantiated through medical evidence. To prove the disability, applicants must have a diagnosis that confirms the medical condition for which they are seeking disability. Symptoms, clinical signs and laboratory tests are used to determine the medical condition for the claimed disability. Medical evidence that should be supplied includes a report from the treating doctor and a copy of laboratory tests and medical records.

Applicants should be able to demonstrate that they suffer from an impairment on the SSA’s list of impairments or from an equivalent that prevents them from engaging in gainful activity. There are a number of factors that are considered at several levels of the disability application process, so it can be helpful to be thoroughly aware of the different steps in the process of applying for disability benefits and how to qualify.

The importance of understanding that there are different types of disability benefits and different ways of qualifying through the Social Security Administration cannot be overstated. There are two primary types of disability benefits offered by the Social Security Administration to protect disabled individuals and their families: Social Security Disability benefits and Supplemental Security Income. Although each program provides assistance to disabled individuals, different groups of disabled individuals may qualify for one set of benefits over another.

The primary difference is that Social Security Disability benefits are based on the work history of the applicant who has paid into the program.

Supplemental Security Income does not look at the applicant’s work history, but instead determines if they are of limited income and resources to determine if they qualify for benefits.

Both Supplemental Security Income and Social Security Disability benefits provide assistance to disabled individuals who meet the federal definition of “disability.”However, our readers may wonder what the differences between SSI and SSD are. There are similarities and differences between the two programs, and determining what benefits you may qualify for can depend on an understanding of the similarities and differences. It is generally important for disabled individuals to be able to obtain the benefits they badly need, so it is worth understanding the similarities and differences and how you may qualify for benefits.

Supplemental Security Income is available for disabled individuals, as well as the elderly and the blind. It is available to meet their basic needs, including food and shelter, that they might otherwise have a difficult time securing. The income and resources, or means, of the individual to provide for their needs help determine their eligibility for benefits, which is unlike how applicants for Social Security Disability benefits financially qualify for SSD benefits. SSD does not look at income and assets to qualify for benefits; it is based on work history and those who have paid in, and meet disability requirements, are entitled to receive it.

Additionally, recipients of SSI benefits immediately qualify for Medicaid, whereas SSD beneficiaries may qualify for Medicare at some point. It is also important to be aware that the amount of financial benefit the recipient receives can vary considerably between the two programs. As always, the applicant for either type of benefit must also meet the requirements to be considered disabled, which means they must have a physical or mental medical condition expected to last for 12 months or longer, or result in death, that prevents them from working.

There are many resources out there that are available to disabled individuals, which can also make the process seem complex. As a result, it is important for individuals suffering from a disability, and their families, to be as familiar with those options as possible.

The benefits provided by SSI may not be familiar to everyone, but can be important to disabled individuals who do not meet the work history requirement to qualify for Social Security Disability benefits, but can meet the economic requirements to qualify for SSI benefits.

Social Security benefits, either regular or disability benefits, are generally based on what the worker has paid in and family members may also be able to receive the benefits in certain circumstances. On the other hand, SSI benefits are for disabled individuals who are elderly or disabled and also of limited means and resources. SSI benefits do not come out of Social Security trust fund, though the program is managed by the Social Security Administration. SSI benefits are paid out of the government’s general operating fund. The trust fund is also reimbursed from the general operating funds for the costs of running the SSI program.

The variety of programs available, and the differences, requirements and benefits associated with them, can be complex, so it is important to thoroughly understand what options are available and the details for qualifying for each particular program that the disabled individuals may be eligible for. It is essential for many disabled individuals and their families to understand how to obtain badly needed disability benefits for their daily living.

Understanding that Supplemental Security Income, Social Security Disability and basic Social Security retirement benefits are all different programs is an excellent starting point. It is additionally useful to understand how it may be possible to qualify for benefits under each program and how to qualify for SSI when it is needed.

Qualifying Mental Disability

Disabilities due to mental conditions can have an impact on families and can prevent disabled individuals from earning a living to support their families. Social Security Disability benefits and Supplemental Security Income provide options for disabled individuals. However, it can be difficult to successfully obtain much-needed benefits. Most applications, in fact, are denied. But, there is a rigorous appeals process available to applicants.

To help avoid frustration and obtain benefits, clearly understanding the application process, being familiar with the appeals process, and having the right information can all be helpful when applying for Social Security Disability and Supplemental Security Income benefits. A qualifying mental condition is required to obtain disability benefits. Certain mental conditions are considered qualifying for disability benefits. Additional medical conditions may also qualify for disability benefits based on the circumstances.

While Social Security Disability (SSD) and Supplemental Security Income (SSI) can offer much-needed assistance for people in this position, these benefits can be difficult to obtain. In fact, most initial claims are denied. To improve your chance of success on appeal, consult with a skilled lawyer at our firm today.

Georgia Lawyer Helping You Obtain SSD and SSI Benefits

At the Law Office of Ellene Welsh, we understand how stressful and frustrating the SSD or SSI benefit process can be. Using our extensive experience, and offering individualized legal service, we strive to ease the burden by vigorously pursuing benefits so you can focus on taking care of yourself. Our firm proudly works with clients in Douglasville, Columbus, West Georgia and the nearby areas.

Our clients range from Vietnam veterans suffering from PTSD to teens with undiagnosed learning disabilities. Call us at 770-489-3456  to schedule a free initial consultation.

What Mental Conditions Qualify for SSI or SSD Benefits?

To obtain Social Security Disability or Supplemental Security Income, you must be able to prove you have a qualifying mental disability. The list of recognized conditions includes:

• Depression
• Anxiety
• Bipolar disorder
• Post-traumatic stress disorder (PTSD)
• Schizophrenia
• Autism spectrum disorders
• Down syndrome and other developmental or intellectual disabilities
• Learning disabilities
• Traumatic brain injuries

The Importance of Medical Evidence

SSD and SSI claims must be supported by proper medical evidence that shows a long history of mental health treatment. We will communicate with the appropriate specialists, including doctors, schools and others who can vouch for your disability. If your mental disability is linked to a physical impairment, we can help show the connection and identify the root of your inability to work. Our firm can help you gather the required medical records and properly prepare your case, walking you through the appeals process.

Speak With a Knowledgeable Social Security Disability Attorney

If you have questions about qualifying mental disorders for SSD or SSI, we can help. Contact us to schedule a free initial consultation with an SSD mental disability attorney.

Our firm handles these cases on a contingency fee basis. That means you pay no attorney fees until we obtain benefits for you.

Setting Straight Social Security Disability Benefit Myths

Social Security myths tend to spread rapidly, as concerned elderly and disabled persons who can no longer work are relying on benefits as a large, and sometimes only, source of income. In the interest of calming some common worries, this article will highlight some misconceptions regarding Social Security benefits.

Social Security Is Just a Retirement Program for Workers

Not true. Social Security has actually expanded to include low-income earners, disabled individuals and survivors through Social Security Disability (SSD) payments and Supplemental Security Income (SSI). Congress added disability benefits in 1956 and SSI benefits in 1974. With the addition of SSI, you do not need to have worked in order to receive benefits; rather, you simply must meet the qualifying requirements. SSI is given to children, disabled adults and those over age 65 who have limited resources.

Social Security Is Going Bankrupt Soon

As part of the recent deficit discussions, you may have heard that Social Security is running out of money. As it is currently structured, the SSA estimates that Social Security has enough funds to pay full benefits at least until 2041. At that point, if everything stays the same, Social Security would pay 75 percent of benefits. While the focus on the problem is understandable and important, it should not prevent you from applying for benefits or thinking your benefits will immediately be reduced.

It Takes Years to Apply, and Everyone Gets Denied the First Time

It can be difficult to present your case to the SSA, and often first-time applicants make mistakes. This is why, according to the SSA, over 70 percent of first-time applicants are rejected. But the SSA may very well accept your first claim if you are disabled and properly fill out your claim for benefits.

It is true that some applications can take months or even over a year to determine. However, through compassionate allowances and other programs, severely disabled individuals can sometimes start receiving benefits in as early as a month.

An Attorney Can’t Help Me or Won’t Take My Case

Many people think that they can fill out the application on their own or conduct their own appeals hearing. You may think an attorney has no interest in your case. However, an experienced attorney will be able to avoid common mistakes and clearly state to the SSA why you need SSD or SSI benefits. Many attorneys only focus on SSD and SSI claims and appeals, so consult an SSD attorney in your area for a discussion of your case.

Why Was My Social Security Disability Claim Denied?

If your initial Social Security Disability (SSD) or Supplemental Security Income (SSI) claim has been denied, there is no need to panic. Most people do not realize that a majority of applications are initially turned down. You still have a chance to obtain the benefits you need, but it is time to consult with a lawyer.

At the Law Office of Ellene Welsh, we aggressively pursue appeals for clients whose initial Social Security Disability and Supplemental Security Income claims have been denied. Attorney Ellene Welsh has been practicing law since 1988. She understands the appeals process and knows the people who work in the Social Security Administration. Call us at 770-489-3456 to schedule a free initial consultation. From our office in Douglasville, we serve clients throughout West Georgia

Reasons Why SSD Claims are Denied

When an illness or injury keeps you from reliably earning the income you need, Social Security Disability benefits (SSD) may be the lifeline you need to make ends meet. SSD benefits are essential for more than ten million Americans and may be necessary for you as well. Despite how much someone may need these benefits, many applications end with a denial. To help you improve your chances of gaining the benefits you need, here are a few common reasons the Social Security Administration (SSA) denies SSD applications:

Incomplete paperwork

The paperwork that you need to fill out for the application can be complicated and lengthy. When you are hurt or sick, it can be even harder to complete on your own. Even missing a single step in the application can eliminate your chances of earning the benefits you need.

Not enough medical evidence

It is not enough for you to feel like you deserve SSD benefits; you will also need medical support to back up your claim. Adding strong medical evidence that details the gravity of your disability may make the difference in whether you get the SSD benefits you are applying for.

You earn too much already

SSD benefits are meant for those who need the income to survive, not those who are already able to take care of themselves. If your income exceeds the SSA’s limit for SSD benefits, they will deny your application even if you would otherwise qualify for the benefit.

Not following doctor’s orders

The treatment orders your doctor gives you for your ailment are meant to improve your condition. If you are not following these directions, the SSA may take it as though you are trying to worsen your condition to abuse the system to earn benefits and deny your application as a result.

Not getting a lawyer’s help

The guidance an experienced attorney can offer you in your application for SSD benefits can help you avoid critical mistakes that would otherwise delay when you earn your benefits or keep you from earning them entirely. If you are trying to secure the disability benefits you need, consult with an attorney to learn about what you can do to protect your best interests.

Taking action after a denied Social Security claim

For many Georgia residents injured on the job, receiving government benefits is crucial for paying medical bills, making mortgage payments and covering everyday expenses. Filing a Social Security claim requires meeting a variety of deadlines and supplying specific, detailed information. At the Law Office of Ellene Welsh, we assist clients filing an appeal as a result of denied claims.

When your claim is denied, you typically have 60 days to file an appeal. As your attorney, Ellene Welsh will file a Request for Reconsideration. If that is also denied, she will request and represent you at a hearing. Our firm will work diligently to ease your stress by:

• Gathering the appropriate information
• Writing insightful briefs for your case
• Presenting your arguments persuasively
• Preparing you for any hearings

At this point, your job is to concentrate on your medical treatment; let us handle the appeals process.

Depending on your situation, there are different options available during the appeals process:

1. You can file a request for reconsideration if SSA denied your claim for medical reasons or due to a non-medical determination. This is a complete review of your application by an individual not involved in the original decision. You can submit additional evidence missing from the first claim at this time.

2. You may request a hearing by an administrative law judge if you disagree with the results of the reconsideration. For denials that result from a medical determination, the hearing generally takes place within 75 miles of your home. If it is a non-medical determination, you can request an online hearing.

3. Requests for review by the Appeals Council can occur if the court upholds the denial and you disagree. It considers whether the hearing decision supports Social Security regulations and laws. The council may render a decision on your case or refer it to an administrative judge for additional review.

4. Filing a civil suit in federal district court may be an option if the Appeals Council declines your review request or rules against you.

At each level, there are requirements and potentially additional information you must provide. An experienced attorney can help you navigate the complex Social Security system and work for a successful outcome.

Gathering Important Medical Evidence Electronically

To obtain benefits, you need to prove your physical or mental disability. When you retain our services, we will distribute questionnaires to various doctors. Since all Social Security files are now electronic, when we receive medical evidence, we scan it into electronic files using barcodes obtained from a field office, state disability adjudicator or hearing office. Because accuracy is critical when dealing with medical evidence, and the process of acquiring the necessary information is complex, this is not something to attempt on your own.

Serving Clients Across the State of Georgia

Although a denied disability claim can be disheartening, it is not the end of the road. Our firm can help walk you through the appeals process and will be by your side each step of the way. Contact us to schedule a free initial consultation.

We pursue Social Security Disability and Supplemental Security Income cases on a contingency fee basis. That means you pay no attorney fees until we secure financial assistance for you.

Applying for Social Security Disability (SSD) benefits is notoriously challenging. If you are trying to earn SSD benefits for your illness or injury, it may seem like there is no hope for getting approval. There are so many stories of SSD applications ending in denial, but millions of people have been able to earn their benefits, and so can you.

Part of what can help your SSD claim is bolstering your claim with evidence of your disability. One of your strongest pieces of evidence may be your medical treatment. It may be contrary to what you expected, but continuing your treatment during your application can be a major benefit for your claim.

How your treatment can help

Everything related to your health will come into play with your SSD claim. Doctor’s notes, medical history, and your treatment can all impact the outcome of your claim. Suppose the Social Security Administration (SSA) sees that you stopped your treatment once you started your application. In that case, they may assume that you are trying to make your condition look worse or that your condition is not serious enough even to warrant treatment.

Do not give the SSA any reason to deny your claim. Cutting your treatment short and going against your doctor’s wishes is a common mistake many applicants make that can cost you the SSD benefits you need.

Additionally, your treatment can even support your SSD claim by showing the necessary measures you have to take to address your health. These kinds of actions show your sincerity in your medical treatment and can help show that you have your current condition despite your efforts to correct it.

You do not have to fight alone

There are many reasons the SSA may deny your SSD claim. When you are trying to earn the benefits you need, contact an experienced disability attorney for the help you need. They can guide you through your appeals process to avoid critical mistakes and reduce the time it takes to earn approval from the SSA.

When some hear the phrase “bipolar disorder” they may imagine a person going crazy and ending up in a mental hospital. However, these impressions are unwarranted, as there are many people in Georgia who live with bipolar disorder. Those with bipolar disorder suffer from episodes of mania and major depression. Often these episodes are unpredictable, which makes living one’s everyday life very difficult.

Some symptoms of a manic episode include being unusually upbeat or feeling like one is extremely keyed up. A person going through a manic episode may also find that they have much more energy than usual, to the point of becoming easily agitated. They may experience euphoria and find they don’t need as much sleep as usual. They may also be especially talkative and make extremely poor decisions. In addition, they may find that their thoughts are racing and they may find they are easily distracted.

Some symptoms of a major depressive episode include feeling extreme sadness or hopelessness. They may also feel worthless or feel extremely guilty for no reason. A person may have no interest or pleasure in activities they once enjoyed. A major depressive disorder can affect a person’s appetite, leading to weight loss or conversely weight gain. A person going through a major depressive episode may also find that they are incredibly sleepy or conversely that they have difficulty sleeping. They may feel either restless or sluggish. They may be easily fatigued as well. Concentrating and making decisions may become difficult. Finally, a person going through a major depressive episode may even be suicidal.

There are also severe complications that could accompany bipolar disorder. A person could develop an addiction to drugs or alcohol. They may attempt suicide. They could find themselves running into financial or legal difficulties. Their relationships with loved ones could be damaged. Finally, they could have poor performance at work.

As you can see, bipolar disorder can have a major effect on one’s health and life. When it significantly interferes with a person’s life to the point that the person cannot hold down a job, a person could experience extreme financial difficulties. Therefore, those with bipolar disorder may want to explore the possibility of seeking Social Security disability benefits. These benefits can be the financial lifeline one needs to make ends meet when their illness renders them unable to work.

Social Security Disability Insurance is a program through the Social Security Administration that provides benefits for people with disabilities. If you worked long enough and paid Social Security taxes, you may qualify for disability benefits that include a monthly income and medical insurance.

The law defines disability as a person unable to engage in any substantial gainful activity because of medically physical or mental impairments, resulting in death or could last for a continuous period of not less than 12 months.

What is an autoimmune disorder?

An autoimmune disease is one in which your immune system attacks your body when it should not. The immune system usually can tell the difference between bad cells, such as bacteria and viruses and good cells.

According to Healthline, there are over 80 different autoimmune disorders. Some common ones include:

• Lupus
• Rheumatoid arthritis
• Type 1 diabetes
• Multiple sclerosis
• Psoriasis/psoriatic arthritis

Will Social Security approve benefits for an autoimmune disorder?

Immune System Disorders is a heading in SSA’s Blue Book and places them in three categories: autoimmune, immune deficiency and HIV infection. If you suffer from an autoimmune disease, get your medical information in order before you apply for disability benefits.

The SSA will want to look at:

• Test results
• Prescription drugs needed
• Records of emergency room visits and hospitalizations

It will also want your doctor’s information and any specialists you have seen.

Expect the SSA to turn you down the first time you apply. This is common, and you can appeal. With the help of your doctors, you may get benefits to help you fight your disorder.