 SSDRC What is the Application Process for Social Security Disability and SSI? How do you Win Benefits under Social Security Disability or SSI? If I am determined disabled, how far back will Social Security pay benefits? How do you prove your disability case if you have a mental condition? What Can I Do to Improve My Chances of Winning Disability Benefits Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits How to File for Disability - Tips for Filing If You Get Approved For SSDI Will You Also Get Medicare? How much does a Social Security disability attorney get paid? Social Security Disability SSI Criteria and the Evaluation Process How long does it take to be approved for SSI or Social Security disability? What do you Need to Prove to Qualify for Disability Benefits? Social Security Disability SSI and Fibromyalgia Social Security Disability SSI and Degenerative Disc Disease Can I Qualify For Disability and Receive Benefits based on Depression? Answers to questions about SSD and SSI disability What Disabilities Qualify for SSI and Social Security Disability Benefits? Social Security Disability Status Social Security Disability Tips — how a claim gets worked on Social Security Disability, SSI Disability - Terms, Definitions, Concepts |
What if you Receive a Disability Denial from Social Security?How to prove you are disabled and win disability benefits What does it mean when you receive a denial notice from Social Security? It simply means that the Social Security Administration has determined that, according to their rules and regulations, you are not disabled at this time and that Social Security feels that you can either do work that you have done in the past, or that there is other work that you are able to do. What are the "rules and regulations" as they pertain to eligibility determinations? Disability claims are approved by SSA (Social Security Administration) in one of two separate ways. The first is by meeting or equaling the requirements of a disability listing. Listings are the specific approval criteria for certain physical and mental conditions in the blue book, also titled "Disability Evaluation under Social Security". The blue book, or Social Security Disability List of Impairments functions as a guidebook for decision-makers on claims, i.e. disability examiners and administrative law judges. However, not all conditions are listed in the blue book. There are no listings, for example, for fibromyalgia or carpal tunnel syndrome. Additionally, some listings have been removed or deprecated (e.g. the endocrine listings for obesity and diabetes). Because most disability approvals will not occur by satisfying the requirements of a listing, SSA provides a secondary means of approval. This method uses a five step sequential disability evaluation process which, if passed, results in a medical vocational allowance. Qualifying for disability benefits under this process means that A) a claimant must be found to have a severe condition, B) the condition must last for at least one year, C) the condition must be severe enough to prevent the claimant's ability to return to their past work, and D) the claimant's condition must be severe enough to prevent them from engaging in other types of work that their combination of education and work skills might ordinarily qualify them for. If you receive a denial on your claim You should not be discouraged if you receive a disability denial. The disability examiners at DDS, a.k.a. disability determination services--the state disability agency that handles disability claim decisions for the social security administration--typically deny the great majority of the cases they evaluate. Historically, the average rate of denial at the initial claim level is approximately 70 percent. Requests for reconsideration (this is the first appeal) which are also handled by DDS examiners are denied at an even higher rate--more than 80 percent. This is why so many disabled individuals do not receive a Social Security disability or SSI approval until the administrative law judge hearing. You may ask, of course, what changes when you reach this level of appeal? Well, an administrative law judge may use a different interpretation of Social Security regulations when making their medical decision. And in many cases a judge will give more weight and consideration to the opinion of claimant's physician if one has been submitted in writing. Finally, a disability judge may find that prior decision-makers were incorrect in denying your claim. However, for most claimants who win their cases at the ALJ (administrative law judge) hearing level, the most significant differences between this level of appeal and the prior levels of the system are the following: 1. You may present your case directly to the individual who is making the decision on your claim. This is not something that occurs at the initial or reconsideration levels where the decision is made by a disability examiner and where the claimant is basically just a file in a caseload. 2. You and your attorney or non-attorney representative may present your interpretation of the facts; in other words, you will have the opportunity to state exactly why it is that the physical or mental limitations resulting from your disabling impairments prevent you from being able to engage in substantial and gainful work activity, either in the performance of work that you've done in the past, or in the performance of some type of other work for which you might be suited based on your work skills, age, education, and your mental and/or physical residual functional capacity. Note: Residual functional capacity is simply a measure of what you are still capable of doing despite your condition. 
Return to: SSDRC, or the Questions, Answers, Tips, and Advice page Individual Questions and Answers SSD and SSI are Federal Programs The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming Recent approval and denial statistics for various states can be viewed here: Social Security Disability, SSI Approval and Denial Statistics by state Special Section: Disability Lawyers and unnecessary claim denials |