Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
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Applying for Disability in Nebraska
How to apply, meet filing requirements, and the criteria to qualify for Benefits in NE
Approval and Denial Statistics for Disability Claims in Nebraska
Note: If you have already filed a claim and been denied for disability, or are wondering what to do in the event of a Social Security denial, proceed to the reconsideration and hearing appeal sections below.
Level I: Disability Application - Approval rates on disability claims vary somewhat nationwide by state and by year. However, at the initial claim, or disability application, level in Nebraska, the chance of receiving a disability award is typically 1 in 3 for every application filing.
A disability application in Nebraska is likely to be denied between 60 and 70 percent of the time. This fact makes it a necessity for most claimants to pursue the appeals process in order to successfully meet the requirements for disability.
For claimants who are denied, the appeals process begins with a reconsideration, essentially a second look at the claim. This appeal uses the same process as the disability application and is indistinguishable in most respects. For those who have been denied at the application level, the second appeal, the Social Security hearing, produces the greatest opportunity for receiving a Social Security Disability award or SSI disability award.
There are additional levels of appeal, including the appeals council and federal court review; however, for the majority of claimants, the hearing level will determine the outcome of the claim.
How is a claim for disability in Nebraska decided?
Each disability application is decided on the basis of whether or not the claim satisfies the definition of disability used by the Social Security Administration. To satisfy that definition and thereby qualify to receive disability benefits, the claimant's medical evidence must show that they have one or more severe medical conditions that have either lasted, or will last (based on a disability examiner's interpretation of the medical records), for at least one full year.
In addition to this duration requirement, the condition must be severe enough to impose functional limitations (which can be mental, physical, or both mental and physical) to a degree that the claimant is unable to go back to their past work, or perform any other type of work for which their education, level of functional capacity, age, and work skills might otherwise qualify them.
Many claimants who apply for disability are found to have one or more severe conditions whose severity rules out their ability to engage in their past work. However, step 5 of the sequential evaluation process, at which it may be determined that a claimant has the necessary skills, education, and functional capacity to perform some type of other work, is where claims are likely to be denied by a disability examiner at either the disability application or reconsideration appeal levels.
Supplying accurate and detailed information
Because the majority of Social Security Disability claims and SSI disability claims will be decided through the medical vocational determination process, in which both the claimant's work history information is taken into consideration along with their medical history information, it is vital that the claimant supply accurate and detailed information to the Social Security Administration at the time of application with regard to their history of treatment and their work history.
With regard to the medical treatment history, the claimant should be careful to supply a list of all diagnosed conditions, the full names and addresses of each hospital, clinic, and doctor's office where treatment was received, dates of treatment, and the names of all treating physicians. Supplying this information will allow the disability examiner assigned to the case to have the greatest probability of obtaining all the necessary medical records in the shortest time possible.
With regard to the work history, the claimant should be careful to supply a list of all jobs worked within what SSA refers to as the relevant period. This is the 15 year period prior to becoming disabled. The work history should include all job titles, the duties and responsibilities of each job, and the dates of employment for each job.
The disability examiner will use this information to identify the claimant's jobs in a database known as the DOT, or dictionary of occupational titles. This database will supply information on the skill levels associated with each job, which may have a significant impact on determining whether or not the claimant has the capacity to perform certain types of work.
Note: It is preferable for claimants write down both their work and medical treatment histories prior to their disability application interview to ensure that important details are not omitted.
Hearings and appeals
As previously stated, the majority of disability applications in Nebraska are denied. This is likely regardless of one's state of residence. Claimants who file appeals are, statistically speaking, likely to meet the requirements for disability (the non-medical criteria as well as the disability qualifications) and receive a Social Security Disability Award or SSI disability award; however, this generally occurs at the Social Security hearing level where the decision is rendered by an administrative law judge.
The advantages of a hearing include the fact that a prepared case may be presented and that the claimant and their disability lawyer or disability representative may interact with the judge, and also interact with whatever expert vocational or medical witnesses that the judge has decided to have appear -- which, in and of itself, is another reason not to appear at a hearing unrepresented.
The disadvantage of the hearing level is primarily with regard to how long it takes to receive a hearing date after the request has been submitted. Yet, this is another reason why appeals should be filed as timely as possible to avoid adding more processing time to the case.
Disability application denial rate: 63.6 percent.
Disability application approval rate: 36.4 percent.
Level II: Request for Reconsideration - When an application for disability is denied, a claimant may file a new application or file an appeal.
Filing a brand new application will generally be a mistake for two reasons. First, a new application is likely to be denied as well. Secondly, starting over with a new claim with a new date of filing may result in less Social Security back pay should the claim be approved.
In nearly all cases, a claimant who has been denied should file a request for reconsideration. The request may be made by contacting the same Social Security office where the initial claim was filed. Once the request is made, the Social Security office will mail out the appropriate paperwork to be completed and returned.
The deadline for submitting a reconsideration appeal is 60 days from the date of the denial of the disability application. However, to avoid needless processing time on a case, the appeal should be sent in soon as possible.
Things to keep in mind when filing a reconsideration appeal
1. When completing the disability report form for the appeal, be sure to indicate any recent medical treatment or medical condition changes. This will prompt the disability examiner to obtain recent medical records that may be of assistance to the case.
2. After sending in the reconsideration appeal, a followup status call should be made to the Social Security office to verify that the appeal was received.
3. A copy of the appeal paperwork should be kept in case the appeal is not received by SSA.
The chances of a reconsideration being approved are fairly low. In most states, the approval rate at this appeal level is lower than the approval rate at the application level.
Therefore, claimants may view this level as a stepping stone to the disability hearing level. However, at the hearing level the statistical odds of being approved are substantially in favor of the claimant.
Reconsideration appeal denial rate: 88.8 percent.
Reconsideration appeal approval rate: 11.2 percent.
Level III: Request for Hearing before an Administrative Law Judge - The disability hearing is the second Social Security appeal available to claimants and may be requested only after a reconsideration appeal has been denied.
Like all appeals, the hearing must be requested within 60 days of the date of the prior denial, but, ideally, should be requested immediately after receiving notification of the denial of the reconsideration appeal to avoid unnecessary case processing delays, as well as the possibility of a missed appeal deadline.
Basic facts about disability hearings
Disability Hearing denial rate: 52.3 percent
Disability Hearing approval rate: 47.7 percent
Note: The disability award rate listed above is for the hearing office in Omaha NE. The rate of disability hearing approvals in Nebraska is lower than the country at-large but somewhat better than SSA Region 7.
Return to: Social Security Disability Resource Center, or read answers to Questions
Individual Questions and Answers
What makes you eligible for Social Security Disability or SSI? - Part I
What makes a person eligible to receive disability benefits? Part II
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
Disability Criteria - Eligibility For Social Security and SSI Disability
How far back are Social Security disability benefits awarded on an appeal?
How long does a request for a disability hearing appeal take?
Responsibilities of the Disability Representative Before and After the Social Security Hearing
How Long Does It Take To Get Disability Benefits When You First File?
Filing for disability by state of residence
Disability Lawyers by state