Eligibility Evaluation
Could You Qualify for SSD Benefits?
Social Security Disability (SSD) is designed for individuals who cannot work because of a disabling medical condition. Before you apply, it's essential to understand if you or someone close to you meets the necessary qualifications for these benefits.
Eligibility Overview:
Understanding SSD Requirements
- Can you engage in any substantial gainful activity?
- Is your disability expected to last at least one year, or has it already lasted that long? Is it considered permanent?
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Does your condition inhibit your ability to perform daily activities or personal care?
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Is your disability affecting your ability to continue in your current job, a previous job, or any job suited to your skills?
Advocates Can More Than Double Your Chances of Approval
Applying for Benefits
Many people underestimate the complexity of SSD claims and attempt to handle them alone. Navigating the SSD landscape can be challenging, and professional guidance is crucial.
Dealing with Denials
Getting approved for SSD benefits is not straightforward; about 65% of initial applications are rejected. Advocates have a track record of helping many who were initially denied to successfully qualify
Are You Eligible?
If an injury or illness has left you unable to work, SSD might be the right choice for you. Start with our free assessment today to see if you qualify!
Review and Challenge Process
Denied Disability Benefits and Unable to Work: What to Do Next?
Given the different durations of each appeal stage—with reconsideration generally quicker than court hearings—it’s critical to act swiftly, especially if you’re grappling with disabilities and lack of employment.
Steps to Follow If Your SSD Claim is Denied
Achieving approval requires a well-supported case, clear evidence, and meeting all eligibility criteria. Enlisting expert guidance can streamline your efforts and help secure the financial support you urgently need.
A denial can be a significant setback if you rely on these benefits. However, this should not deter you from pursuing what you are entitled to through SSD, especially if you have contributed to the social security system. Following a denial, a structured four-tiered administrative appeal process offers multiple opportunities to establish your eligibility and document your disabling condition. Initially, it’s crucial to understand why your claim was denied.
1. UNDERSTANDING YOUR DENIAL
Upon denial, you will receive a "Notice of Denial" from the Social Security office, which can be complex without legal help. This notice explains the denial’s basis, often referencing your medical condition, potential disabilities, and how your "residual functional capacity" (RFC) was assessed.
Being denied does not necessarily mean you aren't disabled. Common reasons for denial include:
- Insufficient Medical Evidence: Lack of clear diagnosis or inadequate demonstration of how your condition impacts your work and daily activities.
- Excessive Earnings: Benefits are designated for those unable to work.
- Non-compliance with Treatment: If you’re not following prescribed treatments that could alleviate your condition, your claim will likely be denied. Proper documentation of treatment adherence is crucial.
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Repeated Applications: Filing new applications instead of appealing a denial can result in immediate rejection for not following SSA procedures.
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Insufficient Work Credits: Merely meeting the SSA’s disability criteria is not enough; you also need adequate recent "work credits."
2. THE APPEAL PROCESS
Applicants have four levels of appeal within Social Security:
- Reconsideration: This stage allows you to present new medical evidence and have your case re-evaluated by a different Disability Determination Service (DDS) examiner.
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Hearing with a Judge: If reconsideration is denied, you can request a hearing with an administrative law judge within 60 days. Hearings might take a year to schedule and can be conducted in-person or via video.
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Review of Hearing Decision: If the hearing doesn’t go in your favor, the next step is to appeal to a review board, which can order further reviews or make a final decision. Strong legal representation is recommended here.
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Federal Court Review: The last resort involves taking your case to federal court, where overturning SSA’s decision is challenging. Effective legal representation significantly enhances your chances of a favorable outcome.
Seeking professional help, like from Disability Path, can greatly increase your likelihood of success in these complex proceedings.
3. APPEAL TIMELINES
After a denial, you have 60 days to request a reconsideration. If you anticipate a delay in filing, submit a "good cause" letter to SSA explaining the reasons.
Disability Path is owned and operated by Disability Path which is a DBA of Performek.Inc and is not a law firm. We connect people to legal services, and there is no charge to be connected with an attorney. You are under no obligation to retain any services of those connected through our website. We try our best to keep things fair and balanced to help you make the best choice for you.
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