Social security disability benefit is very important for people with disability and impairment since this financial aid from the government can help them to have a decent living even if they are no longer earning due to their condition.
Filing for disability claims can be quite challenging. According to the Social Security Administration (SSA), with more than 765,000 people seeking disability claims, two-thirds of the applicants are denied.
With many fraud cases piling up in the agency’s application system, SSA has become more lenient in giving claims.
Meanwhile, even if people’s claim have been denied, they can appeal their case before the SSA so that it can review the application. Making an appeal is very important as this process will allow people to prove that they are legitimate claimants.
According to the SSA, 60 percent of the people who appealed in 2008 were granted with disability benefits.
Four Levels of Social Security Appeal
SSA allows rejected applicants to make an appeal up to four times when they do not agree with the agency’s decision. In this process, it is important to have Disability Hearing Lawyers who can assist applicants during the hearing and collect all the relevant evidences.
• Reconsideration
When the person’s application has been rejected, he can make an appeal that will allow the SSS to review his case for the second time. Meanwhile, the staff who will evaluate the petition is not part of the first decision to make sure that there is no bias.
• Hearing
When the application is rejected again in the reconsideration process, he can file for a hearing when he does not agree with the SSA’s decision. This process is preceded by an administrative judge.
During the hearing, applicants can present new evidence that will show they are eligible to receive disability claims. The claimants can also bring credible witnesses (e.g. doctors, health experts) who will prove their claims.
Meanwhile, if claimants cannot be present in the hearing due to their condition, the trial allows video conferencing.
• Appeals Council
When the administrative judge in the hearing has rejected the appeal, claimants can go to the Appeals Council. In some cases, the council denies the request for another appeal or returns the case to the administrative judge.
• Federal District
This is the last level of appeal. If the claimants still do not agree with the initial decisions, they can file a lawsuit before the Federal District Court.
Some Important Things About Disability Claims
• The claimants should be disabled for at least five months before they will receive their benefits.
• Sometimes, qualified family members can also receive a separate disability benefit.
• The disability benefits will stop when the condition of the claimants has improved.
• A person can make an appeal without a lawyer, but still, it would be advisable to hire one.
• Disability claims may be subjected to tax cuts.
• SSA will regularly check the claimants’ condition to see if they are still in severe condition.
• Disability benefits are given monthly.
