social security disability denial

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.

 

When to File Social Security Disability Appeals

by Staff | August 11th, 2015

If you’ve ever attempted to apply for Social Security Disability benefits, you know how daunting the task can be. The wait time for a decision in your case can be lengthy and the likelihood of your claim not being approved is high. In fact, more than 60 percent of initial claims are denied.

Receiving a Social Security Disability denial coupled with these long waits leaves many disabled workers wondering what their choices are. Our legal team at Fleschner, Stark, Tanoos & Newlin explains that you can accept the denial or enter the Social Security Disability appeals process, which allows for your case to be heard by a judge, rather than examined by a Social Security Disability claims processor.

The ability to get your claim approved on appeals may be affected, in part, by what part of the country you’re from and which judge is hearing your case. An article from MY FOX Atlanta News explains some judges tend to approve denials at a higher rate than others.

The location of where the claim is filed may also have an effect on the outcome of a case. For example, two-thirds of Georgia’s Social Security Disability appeals are denied—a much higher rate of denial than in other states throughout our country.

The best way for you to determine what options may work best for you is to discuss your case with a qualified Social Security Disability lawyer. Doing so will help to ensure all of your questions are answered and you have the information necessary to make an informed decision about your case.

Your Rights During a Social Security Disability Claim

by Staff | March 23rd, 2015

As a United States citizen, you have certain rights that cannot be encroached upon, even by the federal government. So when you’re applying for Social Security Disability benefits, it’s important to be informed of what your rights are during that process. At Fleschner, Stark, Tanoos & Newlin, our Social Security Disability lawyers explain each claimant has three basic rights to keep in mind. They include:

  • The Right to Equal Consideration– The law states that each Social Security Disability claim must be thoroughly examined in a timely manner before a decision is issued. In other words, decisions on claims cannot be blindly issued.
  • The Right to a Social Security Disability Appeal– If your claim is denied for any reason, you have the right to question that decision through the Social Security Administration’s appeals process. A publication from the agency outlines the steps of this process in detail.
  • The Right to Legal Representation- When filing a Social Security Disability appeal, it’s important to remember you have the right to be represented in court and during legal proceedings by an attorney. The law also states that an individual is prohibited from charging you or collecting a fee without written approval from the Social Security Administration.

Our legal staff at Fleschner, Stark, Tanoos & Newlin has a thorough understanding of Social Security Disability law and hope these tips help clarify your rights. If you have any questions regarding the Social Security Disability claim process or your rights, feel free to give us a call at (800) 477-7315 to get the answers you need.

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.

Who Issues Decisions on Social Security Disability Cases?

by Staff | December 15th, 2014

There are currently 10.2 million Americans who receive Social Security Disability benefits and hundreds of thousands of others who have applied for the program and are awaiting decisions. With the livelihoods of so many United States citizens on the line, many wonder, “Who decides the outcome of Social Security Disability cases?”

At Fleschner, Stark, Tanoos & Newlin, we understand the intricacies of the laws that govern Social Security programs. Our Social Security Disability lawyers explain that a different person decides the outcome of a Social Security Disability case depending on where the claim is in the decision-making process.

When a claim is initially filed, the case will be looked at by a Social Security Disability claim examiner. They will either award benefits or issue a denial. If the claim is denied, others can then examine the case through the appeals process.

Once an appeal has been filed, your case will go back to a claim examiner who will reevaluate the decision. If the initial denial is upheld, the case can move through the appeals process and be heard by an administrative law judge. The Social Security Administration explains the judge will use five cireteria to determine your eligibility for the disability program.

If your case is denied once again, it can go before the federal courts for review.

Our attorneys at Fleschner, Stark, Tanoos & Newlin have helped many clients navigate through the complex processes of applying for Social Security Disability benefits and they can do the same for you. Call us at (800) 477-7315 to learn more about how we can help you get the compensation you deserve.

Common Mistakes That Lead to Social Security Disability Denials

by Staff | November 17th, 2014

In start receiving Social Security Disability benefits, the Social Security Administration or a judge must first approve your claim. Unfortunately, mistakes are often made during that process.

Data indicates that more than 60 percent of claims receive initial Social Security Disability denials. In many of those cases though, the decisions are overturned with successful appeals.

On the other hand, you may have to defend your rights to Social Security Disability payments if it’s ever determined you’re no longer disabled or should’ve never been considered disabled in the first place. A new report is showing the latter may be more prevalent than previously believed. It questions how thousands of claims received approval without “a well-supported rationale.”

An article from The Wall Street Journal explains that judges wrongly awarded benefits in an estimated 24,900 cases, costing taxpayers an estimated $2 billion. Similar claims have been made in the past. Judges responded to the claims by saying the mistakes were the result of large caseloads, which prevented them from closely examining each case.

These instances highlight why it’s so important to have a legal representative by your side throughout the disability claims process. At Fleschner, Stark, Tanoos & Newlin, our Social Security Disability lawyers can not only help you with the filing of a claim, but they can also assist you if you’re denied benefits. Call (800) 477-7315 to discuss your case with a member of our legal team today.

Common Mistakes That Lead to Social Security Disability Denials

by Staff | November 17th, 2014

In order to start receiving Social Security Disability benefits, the Social Security Administration or a judge must first approve your claim. Unfortunately, mistakes are often made during this process.

Data indicates that more than 60 percent of claims receive initial Social Security Disability denials. In many of those cases though, the decisions are overturned with successful appeals.

On the other hand, you may have to defend your rights to Social Security Disability payments if it’s ever determined you’re no longer disabled or should’ve never been considered disabled in the first place. A new report is showing the latter may be more prevalent than previously believed. It questions how thousands of claims received approval without “a well-supported rationale.”

An article from The Wall Street Journal explains that judges wrongly awarded benefits in an estimated 24,900 cases, costing taxpayers an estimated $2 billion. Similar claims have been made in the past. Judges responded to the claims by saying the mistakes were the result of large caseloads, which prevented them from closely examining each case.

These instances highlight why it’s so important to have a legal representative by your side throughout the disability claims process. At Fleschner, Stark, Tanoos & Newlin, our Social Security Disability lawyers can not only help you with the filing of a claim, but they can also assist you if you’re denied benefits. Call (800) 477-7315 to discuss your case with a member of our legal team today.

Common Reasons for Social Security Disability Denials

by Staff | September 26th, 2014

There are millions of Americans who are unable to work due to a disabling injury or illness, yet only some will receive Social Security Disability benefits—a program established to provide a resource of income for disabled American citizens. In fact, the Social Security Administration (SSA) reports as many as 60 percent of initial claims will receive a Social Security Disability denial.

This leaves many wondering what some of the most common reasons for a Social Security Disability denial are. Some of the most common reasons include:

  • Earning Too Much Income– The SSA says you cannot earn more than what is considered “substantial gainful activity”. For the non-blind, this limit is $1,070 per month.
  • Suffering from a short-term condition– In order to receive disability benefits, your condition must be expected to last longer than one year.
  • You haven’t worked long enough– Much like retirement benefits; disability benefits are earned by the amount of money you earned and time you have worked. If you haven’t put in enough time, you will be denied benefits
  • Your condition was caused by a drug addiction– If alcoholism or an addiction to an illicit substance was a contributing factor to your condition, you will likely be denied access to disability benefits.
  • You fail to cooperate– Actions like failing to release confidential medical records or not following doctor’s orders for treatment can also lead to a denial.
  • You’ve been convicted of a crime– Certain stipulations regulate who can be awarded benefits if criminal activity is involved.

The best way to determine if your condition will qualify for benefits is to speak with a Social Security Disability attorney. At Fleschner, Stark, Tanoos & Newlin, our legal staff is standing by to assist you with any questions you may have regarding your case. Call us today at (800) 477-7315 to learn more about how we can help you.