Social Security Disability Appeal

How to Appeal a Denied Social Security Disability Claim

by Staff | October 26th, 2015

If your claim for Social Security Disability (SSD) benefits was denied, you’re not alone. As many as 70 percent of all initial claims for SSD benefits are rejected by the Social Security Administration (SSA).

A denial doesn’t mean you can’t file for a reconsideration, and the legal staff at Fleschner, Stark, Tanoos & Newlin is here to explain what you’ll need to know to appeal a denied SSD claim.

First, you’ll need to gather certain documents and evidence that supports your case. The SSA outlines all of the information you’ll need to file an appeal, which includes your name, address, Social Security Number, the date you received your denial, and your medical records.

This information will be submitted with a formal request to have your case reconsidered by the SSA. An examiner will review your case and either uphold or reverse the previous decision. If your case is denied again, you can request a hearing with an administrative judge. If you still don’t receive a decision that’s in your favor, a council of judges will hear the case before it’s heard by the courts.

The policies that govern the SSD appeals process are complex, and having a Social Security Disability lawyer by your side during the claims process can help ensure your rights are protected at all times. Learn more about your options and resources that are available by visiting our website.

Upgrades to Online System Makes Appealing Your Social Security Disability Claim Easier

by Staff | August 27th, 2015

Getting approved to receive Social Security Disability benefits is no easy task. In fact, the Social Security Administration (SSA) reports up to 65 percent of claims are initially turned down.

When a Social Security Disability denial is issued, the claimant has the right to file an appeal of the decision. Doing so has proven to be a long and drawn out process for many in the past. Now, changes have been made to the online filing system in order to make filing an appeal much easier and more efficient.

The system is currently responsible for filing roughly 90,000 appeals per month nationwide. SSA officials are hopeful upgrades that have been made to the system could increase that number; all while providing users with a better experience.

A press release issued in NRToday says the online Social Security Disability appeals filing system now features the ability to submit both an appeals request and medical records at the same time. The need to submit duplicate information has also been eliminated in many areas.

Users outside the United States are also now able to access the system.

Technology can be extremely beneficial in reducing the backlog of claims awaiting decisions. It can cut the wait times for decisions when appealing your Social Security Disability claim as well. Our Social Security Disability lawyers at Fleschner, Stark, Tanoos & Newlin applaud these improvements and are hopeful more ways to better the process for filing and appealing a Social Security Disability claims can be discovered.

 

The Judge Could Be a Factor in Your Social Security Disability Appeal

by Staff | March 9th, 2015

If you’ve applied for Social Security Disability benefits, in all likelihood, your claim has been denied. That’s because the Social Security Administration says that up to 65 percent of initial disability claims are denied. This leaves many citizens wondering what factors come into play in deciding whether a disabled individual should receive Social Security payments.

Some experts believe the judge hearing your Social Security Disability appeal could make all the difference. Data indicates that some judges tend to approve disability applicants at a higher rate than others.

An article posted by The Wall Street Journal found judges hearing disability appeals approved 70 percent of the cases that came before them over the past decade. Approximately nine percent of judges approved more than 90 percent of cases that came across their bench. Trends also indicate that many judges approved more claims over time.

Laws were reformed over the last several years, aiming to ensure judges remain impartial. This includes limiting the number of cases each judge hears per year. This allows judges to fully focus on each new case they hear.

There are plenty of other factors that can affect whether or not your Social Security Disability appeal will be approved. Seeking legal counsel may be the best way to determine how to handle your case. The Social Security Disability lawyers with Fleschner, Stark, Tanoos & Newlin are here to answer any legal questions you may have if your claim for Social Security Disability benefits has been denied. Call us to discuss your case at (800) 477-7315.

Waiting for a Social Security Disability Appeal

by Staff | March 2nd, 2015

If you’ve applied for Social Security Disability benefits, there’s a good chance your claim was denied. In fact, the Social Security Administration reports as many as 65 percent of initial claims are not approved.

There’s no need to fret if this is the case though. You have an opportunity to file a Social Security Disability appeal of the decision at several different levels; however, it’s important to know this can be a time consuming process. Data shows the wait time for a Social Security Disability hearing can be as long as a year and a half.

The Social Security Administration is working to address this issue by holding more hearings via video conferencing. The applicant simply logs in online and a hearing can be streamed between the applicant’s computer and the judge. This prevents hearings from being delayed due to problems such as transportation issues or weather.

Video conferencing is gaining popularity as well, with records from many offices showing a significantly higher number of hearings be held via this technologically advanced method as opposed to hearings that are held in person. The SSA hopes that as many as 30 percent of all appeal hearings will be held via video conferencing in the coming year.

With so much riding on the decision that is reached in each Social Security Disability hearing, having legal representation by your side during this process can be beneficial. That’s why the Social Security Disability attorneys with Fleschner, Stark, Tanoos & Newlin are here to help you better understand your rights if your claim for benefits has been denied. We are available to speak with you anytime regarding your case by calling (800) 477-7315.

 

Struggling to Fight a Social Security Disability Denial

by Staff | February 2nd, 2015

The Social Security Administration has strict rules governing their policies for distributing Social Security Disability benefits. But as the old saying goes, there’s an exception to every rule.

Consider the case of a woman who was diagnosed with amyotrophic lateral sclerosis (ALS) seven years ago. Her condition left her unable to work and she applied for benefits. She received a Social Security Disability denial though, because she hadn’t received enough work credits to be approved for benefits.

The Social Security Administration requires most workers to have 40 work credits before they can be approved for benefits. One credit is accrued for every $1,220 a worker earns in a year and 20 of your credits must have been earned in the decade prior to applying for benefits.

According to Alive 11 News, the woman who was diagnosed with ALS was denied benefits because she had stopped working when she was 15 credits shy of Social Security Disability eligibility.

She and her family have appealed the decision, and recently, officials from the SSA have reached out to discuss what options may be available to help the woman get benefits.

At Fleschner, Stark, Tanoos & Newlin, we’ve seen how complicated the policies and procedures overseeing Social Security Disability benefits can be. That’s why our Social Security Disability lawyers are hopeful the woman in this particular case can get the assistance she needs.

What You Need To Know Filing Social Security Disability Appeals

by Staff | September 19th, 2014

Suffering an injury or illness that leaves you unable to work may leave you dependent on alternative resources of income—such as Social Security Disability benefits. However, the process of being approved for the program can be tedious, and your benefits can be taken away if the Social Security Administration (SSA) determines your condition has improved enough for you to return to work.

This leaves some disabled individuals wondering what actions they can take if they disagree with decisions made by the SSA. Experts  agree that filing a Social Security Disability appeal is likely the best option.

An appeal allows you to present your case before a judge or court, rather than to an SSA claims examiner. An SSA publication states that an appeal must be requested in writing within 60 days of an initial decision being made.

Completing the necessary paperwork in such a short time frame can be difficult. This is why having a Social Security Disability lawyer can be helpful when you’re preparing your appeal.

At Fleschner, Stark, Tanoos & Newlin, we have decades of combined experience helping people get the SSD benefits they deserve, and we can do the same for you. Call us at (800) 477-7315 if you have a Social Security Disability claim that has been denied in the past.

3 Reasons for Social Security Disability Denials

by Staff | July 21st, 2014

The Social Security Administration (SSA) estimates that as many as 60 percent of initial claims are denied. This leaves many applicants wondering what some of the common reasons for Social Security Disability (SSD) denials are, and what can be done to avoid such pitfalls.

Three reasons the SSA denies SSD claims include:

    1. Incomplete Paperwork- Missing pieces of information—such as claims forms—can lead to claims being denied.
    2. Missing Deadlines- There are statutes of limitations for taking certain actions or submitting certain documents. Missing these time frames may lead to a claim not being approved.
    3. Lack of Documentation- The SSA may need more information from doctor’s notes, patient medical files, or work history in order to approve a claim.

      Applicants may be able to overcome these obstacles through the Social Security Disability appeals system. There are four different levels  appeals can go through. A Motley Fool video explains that while much of the appeals process can be completed online, it may be wise to seek advice from a qualified attorney.

      At Fleschner, Stark, Tanoos & Newlin, our knowledgeable team of lawyers can help you get the benefits you deserve. Call us today at (866) 684-7216 to discuss your SSD claim.

      Complications With Getting SSD Benefits While Working

      by Staff | April 14th, 2014

      Social Security Disability benefits provide financial support to Americans unable to work due to mental or physical conditions, but they also offer vocational training and rehabilitation to get recipients back to work. However, many individuals are under the impression they will lose their benefits if they decide to return to work.

      One woman has been involved in a Social Security Disability Appeal since her benefits were revoked due to a miscommunication. She explains that a Social Security employee told her she could continue working a job as a court-appointed mental health advocate while collecting Social Security Disability benefits as long as the income she received did not exceed $1,019 per month. But another worker put a stop on the victim’s Social Security payments, claiming she was making too much money and had over collected benefits by an estimated $10,600.

      The Des Moines Register states that since the stop was put on the payments, the victim has gotten behind on bills and her mortgage.

      The Social Security Disability Attorneys with Fleschner, Stark, Tanoos & Newlin say stories like this highlight the importance of having quality legal representation by your side throughout the Social Security claims process and are hopeful a resolution in this case brings some closure to the victim.

      Social Security Disability Lawyers Look At 4 Steps of A Claim Denial Appeal

      by Staff | January 29th, 2014

      January 29, 2014

      There are hundreds of thousands of disabled Americans who are waiting for decisions to be made on their Social Security Disability claims. The stark reality of the situation is that the majority of these individuals, roughly 60 percent, will eventually receive a Social Security Disability Benefit Denial.

      There remains hope for claimants who receive such a decision though, through a process of appeals. The Social Security Administration (SSA) lays out four general steps the appeals process will take. They include:

      ▪   Filing- A claimant has 60 days from receiving a denial letter to file an appeal of the decision. The appeal must be made in writing. The only exception to this rule is if the denial was made for medical reasons, in which case, the appeal can be made online.

      ▪   Reevaluation- Upon receiving the appeal, the SSA will reexamine the case in order to ensure all needed information and documentation is present. They will then consider either overturning the denial or upholding the decision.

      ▪   Hearing- If the decision is upheld, a hearing will be scheduled where a judge will examine the evidence and issue a decision.

      ▪   Higher Court Appeals- If denied again, the case is heard before an appeals council before making its ways to the courts for a final decision.

      The Social Security Disability Lawyers with Fleschner, Stark, Tanoos & Newlin recognize how confusing the appeals process can be and encourage anyone who has a denied Social Security Disability claim to discuss their case with an attorney immediately.

      Social Security Administration Reports Decline In Approval Rates For Disability Benefits

      by Staff | December 4th, 2013

      December 4, 2013

      When an individual is left unable to work due to a mental or physical condition, they may be entitled to receive Social Security Disability benefits. However, the process of being approved for such benefits has become increasingly difficult in recent years, leaving many who are legitimately disabled battling for assistance.

      The Social Security Disability Lawyers with Fleschner, Stark, Tanoos & Newlin explain data indicates the number of claims that are denied each year is steadily rising. In fact, research shows that almost 60 percent of initial claims are denied.

      The Social Security Administration’s Office of Disability Adjudication and Review reports that in 2010, an estimated 64 percent of new Social Security Disability cases were approved. The following year though, that number dropped to 54 percent and only plummeted further to 47 percent in 2012. This year, only 42 percent of cases are expected to be approved.

      The growing number of Social Security Disability denials being recorded has led to a spike in the number of Social Security Disability Appeals being filed in courts. Some dockets have seen growth of as much as three times their previous case volume.

      The team of attorneys with Fleschner, Stark, Tanoos & Newlin point out these issues show the importance of discussing your legal rights and options with a qualified attorney prior to applying for Social Security disability benefits.