An Administrative Hearing provides disability benefit claimants with an opportunity to appeal the denial of their application for Social Security disability benefits and explain their need for disability benefits before an Administrative Law Judge. However‚ at the conclusion of the Administrative Hearing you will not receive a decision regarding your eligibility to receive Social Security disability benefits. Rather‚ you must wait to receive a decision regarding disability benefits by mail. After the hearing‚ the hearing office will send both you and your San Diego Social Security attorney a copy of the decision. The decision usually arrives by mail to both parties on the same day. However‚ it is a good idea to contact your San Diego Social Security attorney after you receive the decision letter to confirm your attorney received a copy as well.
It is important for your attorney to learn about the benefits decision as soon as possible. Depending on whether you receive an approval or a denial of benefits‚ your attorney may need to address any errors‚ monitor the payments of your disability benefits‚ or appeal the decision as soon as possible. In addition‚ depending on the fee agreement with your attorney‚ the SSA may send part of your payment to your attorney. If the decision is a denial of disability benefits‚ you can appeal the decision before the Appeals Council. However‚ you or your attorney must file an appeal with the Appeals Council within 60 days. Failure to file a timely appeal will result in the forfeiture of your right to challenge the decision.
The fee your Social Security attorney charges is set by law at 25 percent of the back benefits you are owed‚ up to a maximum amount set by the Commissioner of Social Security (currently $6‚000). The Social Security Administration will usually withhold this fee and send that money to your lawyer‚ but it’s a good idea to double-check that he or she received it. Remember that this fee does not cover expenses such as obtaining medical records and doctors’ opinions. You will need to pay those separately.
If you have been denied Social Security disability benefits despite being unable to work because of your medical condition‚ don’t lose hope. Claimants who appeal this denial through at least the hearing stage are awarded benefits more often than not. For a free evaluation of your claim‚ please contact San Diego Social Security attorney Ross Jurewitz.
If you have been denied Social Security disability benefits and you decide to appeal‚ it is crucial that you do so in a timely manner. If your appeal is not done within 60 days of the denial‚ you will be required to start the process all over with a new application. This is not only a hassle for you‚ but it may also result in you not getting your back-owed benefits. At any rate‚ it is always better for you to appeal immediately so that you can get through the denial system quicker. The faster you can reach the hearing stage‚ the better. You may want to consider hiring a competent San Diego personal injury attorney to help you with your case.
There are three ways in which you can seek an appeal. You can call the Social Security Administration and ask that your appeal be handled via mail and phone. Also‚ you can take a copy of your denial letter and go to your nearby Social Security office to start the appeal process. Just make sure that the Social Security representative gives you a signed copy of your appeal papers that demonstrate that you appealed in a timely fashion. Lastly‚ you can appeal online at https://secure.ssa.gov/apps6z/iAppeals/ap001.jsp. Again‚ be sure to print and keep the appeal receipt so that you have proof of your timely filing.
If you need a San Diego personal injury attorney to assist you with your appeal‚ call Ross Jurewitz or fill out the form on this page for a free consultation.
The Social Security Administration treats the word "disabled" as a legal term‚ and in order to be found disabled you must meet criteria established by the Social Security Administration. These are the criteria:
- You must have a "medically determinable impairment." By medically determinable‚ the Social Security Administration just means that a treating doctor can determine your condition using a legitimate method of diagnosis based on some objective evidence.
- Your impairment must have a good chance of lasting for a full year. This requirement does not apply if your condition has a good chance of being terminal.
- You must be incapable of working at the jobs you held before your disability.
- You must be incapable of working at other jobs that would otherwise be available to you in light of your age‚ work experience‚ and level of education.
- Your disability must not be sustained by drug or alcohol abuse.
The Social Security Administration uses these criteria for both its disability benefits program and its welfare program‚ Supplemental Security Income. The welfare program is only available to disabled people who do not qualify for disability benefits‚ and it pays far below the poverty threshold.
While these criteria seem to be straightforward enough‚ proving that you meet them can be difficult. The Social Security Administration has a complex set of regulations that determines your eligibility based on these criteria is evaluated.
If you have been denied benefits even though you are disabled and wish to appeal‚ you may need a Social Security disability attorney to help you navigate those regulations. Call San Diego Social Security disability attorney Ross Jurewitz today for a free consultation.
The evaluations you receive from your doctor can compose a vital part of your application for Social Security disability benefits because of the way that the Social Security Administration determines disability status. The most straightforward criteria used for determining disability are the "Listings of Impairments." This is a list of medical conditions that automatically qualify you for disabled status. If your medical test results meet those for one of the listed impairments‚ or if your condition is similar to and as severe as a listed impairment‚ you will qualify for benefits.
If you do not meet those criteria‚ you can still be found disabled under the second set of criteria‚ the Medical-Vocational guidelines. These criteria are based on your ability to work‚ rather than the diagnosis you have. This is where a statement from your treating doctor can be especially helpful‚ because the Social Security Administration will value his or her opinion on how your medical condition limits your ability to work.
If you have been denied benefits‚ it may be because the Social Security Administration did not have your full medical records to consider‚ or because your file lacked a written report from your doctor. If you have been denied benefits‚ an experienced San Diego Social Security disability attorney may be able to help you win benefits on appeal. Contact Ross Jurewitz for a free evaluation of your claim.
As you apply for Social Security disability benefits‚ you will quickly find that objective data cannot present a complete picture of your disability. The Social Security Administration knows this‚ stating that the severity of a disability cannot always be measured by medical tests alone.
The Social Security Administration then relies on other subjective factors to determine if you are disabled‚ the most important of which is your doctor’s professional opinion. Your doctor will listen to your description of your symptoms and try to explain them with a medically recognized condition. He or she may then write an evaluation of your disability in which he or she assesses how badly you are impaired‚ and what your impairment does and does not prevent you from doing.
This assessment of the effect your disability has on you is extremely important. One of the main reasons why objective data is inadequate for determining disability is that different conditions can affect different people in different ways. The Social Security Administration can’t just compare you to other people with your condition and decide your ability to work based on their ability to work. Your condition will inevitably be affected by psychological and environmental factors unique to your situation.
Failure to demonstrate the severity of these subjective factors can lead to your claim being unfairly denied. If you have been denied disability benefits‚ and are looking to appeal your denial at a hearing‚ you need an experienced Social Security disability attorney on your side. Call Ross Jurewitz today for a free consultation.
One of the most important criteria that the Social Security Administration sets for finding a claimant legally disabled is that the claimant possesses a "medically determinable impairment."
The phrase seems opaque‚ but all it actually means is any medical condition that your doctor can diagnose using a medically legitimate method based at least in part on objective evidence. This evidence can be from technology like X-Rays and MRIs but it can also be from naked-eye observations or simple touch tests where the doctor feels for a deformity with just his hands.
However‚ diagnosis of a medically determinable impairment does not have to depend solely on objective data. Your description of your symptoms is still very important‚ especially in diagnosing conditions that are impossible to positively identify with only objective evidence. In such a case‚ your symptoms could point to a few different conditions‚ but your doctor could use the objective data to rule out the ones you don’t have‚ diagnosing you through process of elimination.
The Social Security Administration assumes no prior knowledge about the laws about disability status‚ and the forms you and your doctor fill out are written accordingly. However‚ you should still be familiar with this definition in the event that you are unfairly denied benefits. If you meet this standard‚ but are denied benefits‚ you may need to appeal your denial. Call today for a free consultation with a Social Security disability attorney.