 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 |
The difference between an Application for disability and a Social Security Reconsideration?How to prove you are disabled and win disability benefits Someone recently submitted this question: "What is the difference between a disability application and the reconsideration? Are they the same thing? Answer: they are definitely not the same thing, though they are handled in an almost identical manner. The application for disability is where the whole process of filing for SSD or filing for SSI--or both if your claim is concurrent--begins. If you've gone through this extended process, then you know that your case will be worked on by a disability examiner and that individual will do the job of going through your medical records and examining your work history. They will review your past work to determine if the physical and/or mental limitations that you have as a result of your condition (or conditions) makes it impossible for you to engage in work activity. You may also (if this was done on your particular case) may be aware of the fact that, during the course of processing your claim, the examiner may find it necessary to contact you through the mail, or by phone, to get additional clarifying information about your work history, or to discuss what your range of normal daily activities is, or to ask you more questions about your doctors or the treatment you have received. The process that is conducted on a request for reconsideration appeal is largely the same. This is because the disability evaluation process is simply what it is, and, therefore, is essentially handled the same regardless of the level of your claim. The process is, of course, conducted a bit differently at a social security hearing where a judge is charged with making the disability determination, but this is largely due to several reasons: A) Neither the judge nor the hearing office will gather records for the case (once the case moves beyond the reconsideration appeal stage, the social security administration no longer does development on a case, though the judge may decide to send a claimant to a consultative medical exam if this is considered necessary) B) The claimant will appear before the judge, usually with disability representation in the form of a disability lawyer or non-attorney claimant's representative. The focus of the hearing is, to some extent, to address what has happened at previous levels of the system (disability application and reconsideration). However, since the claimant and his attorney are allowed to present additional medical evidence, information regarding the work history, and also to present an argument for approving the claim, the actual process of making the decision is still the same. For those who are unaware of the process, it basically boils down to determining if the claimant's condition satisfies the criteria of an impairment that is listed in the social security list of impairments, i.e. the blue book. If the claimant does not have a listing level impairment, then the decision will be based on what mental and physical functional limitations the claimant has, secondly, whether or not those limitations are strong enough to prevent the person from doing work activity. To go back to the original question, however, there are few substantial differences between an application for disability and a reconsideration appeal. Here are the most apparent differences: 1. Reconsideration appeals generally take less time for a decision to be made. 2. Reconsideration appeals are generally denied at an even higher rate (87 percent denial rate on reconsiderations versus 70 percent denial rate on disability applications). 3. a reconsideration is handled by a different disability examiner than the examiner who made the decision on the disability application. 
Return to: SSDRC, or the Questions, Answers, Tips, and Advice page Topics and Questions 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 |