Social Security taxpayers with severe disability can receive federal aid which can help them to have a decent living, manage their expenses, and pay their medical needs. Meanwhile, in receiving disability claims, people should have worked at least 10 years to have enough Social Security contributions.
Individuals who are not Social Security taxpayers can also receive a federal assistance called Supplemental Security Income (SSI). This government aid is for people with a limited source of income and suffer from a severe disability that prevents them from working.
The Right to Appeal
According to Social Security Administration (SSA), more than 765,000 people were seeking disability claims in 2008 and only 25 percent of them were approved. Despite the high rate of denied applications, 60 percent of the people rejected who filed for an appeal have received their disability claims.
Meanwhile, there are four levels in appeal process:
• Reconsideration. The applicant’s case will be reviewed again to see if he is eligible or not to receive disability claims.
• Disability Hearing. After being rejected, applicants have the right to a hearing. In this process, an administrative law judge handles and reviews the case.
• Appeals Council. After being rejected in the hearing, applicants can file for an appeal before the council to review the case and decide if they are really eligible for disability benefits or not. Meanwhile, the appeals council may sometimes reject an application for appeal or return the case to the administrative law judge.
• Federal court. This is the last resort for an appeal.
Important Things to Know About Social Security Appeals and Hearings
• Claimants can request a hearing online and they can also download the forms. Meanwhile, all requests should be in writing.
• Generally, claimants should file for an appeal within 60 days after receiving the notice of denial. If people failed to file their appeal on time, SSA may dismiss their case which means they may no longer be allowed to take the next step in the appeal process.
Meanwhile, the agency allows a person to file for an appeal even after 60 days as long as he has a valid reason.
• SSA has 141 hearing offices in the US, with 40 percent of these located in remote areas.
• Sometimes, disability hearings can be delayed as there are many cases piling up in the SSA system. Fortunately, there is a hearing by video teleconferencing which is faster compared to conventional trial.
• Usually, the administrative judge will hold the hearing within 75 miles from the claimant’s house.
• If claimants are unable to attend the hearing due to health reasons, they should submit a doctor’s statement that will explain why they cannot attend the trial.
• At least 20 days before the hearing, the SSA will send a notice to the claimants that will tell them the time, date, and location of the hearing.
• New evidences can help claimants to prove they are eligible to receive benefits.
• Health experts, doctors, and medical practitioners can serve as credible witnesses in the hearing.
