Ralston, Nebraska

What to Do When Social Security Denies a Disability Claim April 5, 2017

Ralston, Douglas
What to Do When Social Security Denies a Disability Claim, Ralston, Nebraska

The process of applying for Social Security disability benefits is complex, with a high proportion of applications are denied. Unfortunately, many applicants do not appeal these denials, but instead file a new application which can greatly impact the amount of benefits that the applicant receives.  We at Disability Claim Consultants are here to help you through this complicated process. 

When an individual is trying to decide whether or not they should file an application for benefits, they should first understand how the Social Security Administration defines a disability and how the decision process works.

Definition of Disability:  the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months.  You must have a severe impairment that makes you unable to do your past relevant work or any other work which exists in significant numbers in the national economy.

 

Difference between Title II (SSDI) and Title XVI (SSI): SSDI is an insurance program that is based on an individual’s earnings and what is paid into the system, SSI is a federally funded supplemental income for individuals who have not worked much, have not paid into the system and have limited income and resource.

Sequential Evaluation of Disability:

  1.  Engaged in substantial gainful activity?  If yes, claim denied and medical evidence not considered.  Currently SGA is $1,030.00/mth gross.  If not working at SGA you would move on to the next step.
  2. Do you have a severe impairment that is expected to result in death or last longer than 12 continuous months? 
  3. Does your impairment meet or equal the Listings of disability outlined by the SSA?  If it does your claim is granted without further evaluation.  If your condition does not meet the Listings your claim moves to the next level of review.
  4. Can you perform your past relevant work? If you can, you are not disabled and your claim is denied.  If you are physically or mentally unable to perform your past relevant work you move on to the next level of review.
  5. At the final step they look at age, education, transferability of work skills and the combination of your mental and physical impairments to determine if there is other work that you can perform in the national economy.  If you are unable to perform any work on a sustained basis then you have met the rules for disability and your claim is awarded.

We at Disability Claim Consultants are here to answer any questions that you may have regarding your options regarding disability benefits.  For more information, visit our Facebook page, website or call us at 402-422-1000 to experience the caring, yet aggressive representation that we offer at Disability Claim Consultants. 

 

 

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