You May Still Be Eligible For Assistance With The Disability Benefits Process.
Here some tips that applicants may find beneficial while trying to navigate through the disability application process and potentially improve their chances of qualifying for disability.
Qualifying for Disability Benefits
The Social Security Administration (SSA) had specific rules in place when it comes to qualifying for disability benefits. These guidelines include having worked a job covered by Social Security and being unable to hold gainful employment for at least 12 months. In addition, applicants who are looking to file a disability claim must meet the SSA’s strict definition of disability. According to the SSA, you may meet this definition if you:
- Cannot do the work that you did before;
- The SSA decides that you cannot adjust to other work due to your medical condition; and
- Your disability has lasted or is expected to last for at least one year or result in death.
Candidates who believe they meet this standard are encouraged to apply for disability benefits as soon as possible. Applying for benefits can be done on your own or with the help of a disability advocate or attorney.
Expedite Your Disability Claim
When applying for disability it's important to have a good understanding of what conditions may qualify for benefits. While some medical issues require an abundance of evidence to prove validity, some conditions will be automatically approved by the Social Security Administration (SSA).
These medical issues are classified as Compassionate Allowances conditions and are usually so severe that they automatically meet the requirements for disability benefits. The SSA’s Compassionate Allowances List (CAL) houses all of the eligible conditions and is a great source for applicants to refer to for details.
The CAL is updated on an annual basis, so if your condition is not currently on the list, it could be in the future.
Appeal a Denied Disability Claim
If you’ve been denied disability benefits by the SSA, you have the right to appeal the decision. Deciding to appeal the decision can save you from the headache of having to reapply for benefits.
Before you appeal, it’s important to know what to expect. The appeals process itself consists of three to four levels. You could get approved at any one of these levels, but your chances of getting approved decrease the further you move through the appeals process.
Here's a brief breakdown of what you could expect at each level:
- Level 1: All individuals looking to appeal should start and submit a reconsideration within 60 days of receiving their notice of denial. A reconsideration is defined as a total review of your claim by someone who wasn't originally involved. This person will look at all of the original evidence, plus any new evidence, and decide if the original decision should be overturned.
- Level 2: If your reconsideration is denied, you have 60 days to request a hearing in front of an administrative law judge. Depending upon where you live, the hearing may be handled in person or through a video conference. The judge will likely ask about your condition and if you have any new evidence to submit. When appeals reach this level it can be crucial to have a disability advocate on your side.
- Level 3: The next level of the appeals process is having your claim reviewed by the Appeals Council. The council will look at the Administrative Law Judges verdict and determine if any errors can be found. At this level they can request you receive a new hearing or can side with the judge’s original decision and deny your benefits.
- Level 4: The last level of appeals is having you claim heard by a federal judge. It's a necessity to retain legal aid if you make it this far in appeals. There will not be a jury present at this level, but you will be required to present your case to the judge. The judge will check for any errors that may have occurred during the process and make a determination on your eligibility.
Work with an Attorney
Many people are unaware of their options when it comes to applying for disability benefits. The truth is, you don't have to go at it alone. Many people will rely on the assistance of a disability advocate or attorney throughout their journey. An attorney can help their client with the initial application process and with any unexpected hiccups along the way.
Here is a quick rundown of what a legal aid can do and how it may benefit you and your claim.
- They can help file your initial application
- Make sure medical evidence supports your claim and inability to work
- Ensure all documentation is in order
- Appeal an unfavorable decision from the SSA
- Represent your claim in the court of law
- Connect the SSA on your behalf
- Check on your claims status
For years, applicants have relied on the assistance of disability attorneys to walk them through the process. You can usually talk to a lawyer or advocate for free and find out if they may be able to assist you with the process.