The Social Security Administration, or SSA, rejects more than half of the disability claims they receive, so filing a social security disability appeal is a fairly common process. It is still complex and time consuming, however, so those who have had their application denied should consider hiring an attorney who is knowledgeable in the field. Those who have worked for several years and paid taxes into the program have a right to representation in this area, and because it can take weeks or months to get through it, it can be a trying experience without help.
SSD is a safety net for those who are unable to work due to health reasons or injury, and it is funded using taxes withheld from worker’s pay. To be approved for it, the worker has to meet a number of requirements that factor in, including their income, age, work history, marital status and medical conditions, among other things. Those that do not qualify can file a social security disability appeal and have their information reviewed for further consideration. The initial process can take several months to complete, and the SSA is known for being tough to appease, so it is likely that many will require the services of an attorney to eventually receive benefits.
It’s possible that the SSA will reject someone for not accruing enough “work credits,” which is another way of saying that a person hasn’t worked enough to draw from the program. Finally, a worker may be turned away because their condition is not considered debilitating. This last point tends to be the most subjective qualifier in the social security disability appeal process, and those that are rejected for this reason may be able to win benefits if he or she feels that the SSA did not factor in all medical concerns.
If someone can prove that their medical condition is debilitating, they can typically receive at least partial benefits. Among the impairments that the SSA looks for are blindness or deafness, cancer, heart disease, HIV, mental disorders, multiple sclerosis, obesity, arthritis or seizures, among other things. Anything that significantly impacts the ability to perform work, though, technically qualifies. To ensure that this is communicated to the SSA during the social security disability appeal, a legal expert should be recruited to put together a solid case.
There are numerous reasons why an experienced attorney can make all the difference in the process. When the SSA rejects a worker, the administration is often not clear about exactly why the request did not go through. Therefore, it can be extremely difficult for someone to round up the information needed to get a better result the second time. An attorney that specializes in the field will know what records to pull and which experts to consult. For medical conditions that are tough to diagnose or treat, the SSA may not take everything into consideration the first time, so anything that the attorney can bring to its attention using supplementary sources will hopefully tip the scales in the worker’s favor.
Once this information is put together, the attorney will help their client through the social security disability appeal process, which will involve a hearing and second review of the situation.
Social Security Disability cases likely to be referred