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 North Dakota
How to apply, meet filing requirements, and the criteria to qualify for Benefits in ND
Approval and Denial Statistics for Disability Claims in North Dakota
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 - As is the case in most states, an application for disability in North Dakota is more likely to be denied than approved. Appproval and denial rates in North Dakota generally follow the pattern in which cases are initially denied at the application level, are denied again at the reconsideration level, and are finally approved at a hearing conducted by an administrative law judge. This is not always the case, but in a typical year between 60-70 percent of initial claims will be denied, making it necessary for a claimant to file appeals.
In most cases, a claim for disability in North Dakota will be filed at a local Social Security office where a disability interview will be conducted by a CR, or claims representative. Claims can be filed online but online filing does not allow a claim for SSI to be filed, nor does it allow a claimant to directly ask questions during the interview process.
The purpose of the interview is for the claimant to supply all the information that is necessary for processing the case, i.e. rendering a decision of disabled, or not disabled. The bulk of the information gathered by the CR will concern the claimant's history of medical treatment as well as their work history.
Claimants should be careful, when supplying information regarding their work and medical histories, to not make the mistake of assuming that the Social Security Administration can independently gather any information that the claimant leaves out. This includes dates of treatment (dates of treatment can be especially important for determining onset, which can directly affect the amount of back pay a claimant receives), names of clinics and hospitals (disability examiners have access to a medical database but to request records they need an accurate name to begin with), and job titles and work descriptions.
Accurately describing one's past jobs can have a direct influence on the outcome of a case because one of the responsibilities of a disability claims examiner is determining whether or not the claimant can return to their past work.
Disability application denial rate: 61.1 percent.
Disability application approval rate: 38.9 percent.
Level II: Request for Reconsideration - If an individual applying for disability in North Dakota is denied on their initial claim, i.e. disability application, they may file an appeal known as a request for reconsideration.
Claimants who are represented by a disability representative--either a disability lawyer or a non-attorney disability representative--will have their appeal completed by the representative. Claimants who do not have representation may contact the Social Security office where their claim was initiated and request the appeal.
After making the appeal request, Social Security will send out the appropriate appeal paperwork, including a disability report form. In completing the disability report form, it will be important for the claimant to indicate any new medical treatment sources, new visits to existing sources, changes in one's medical condition, or newly diagnosed conditions. Supplying this updated information will alert the reconsideration-level examiner to obtain these medical records.
The reconsideration appeal must be submitted before the appeal deadline. Social Security always allows 60 days, plus 5 extra days to account for mailing time, for the submission of any appeal. To be received timely, though, the appeal must actually be received by the Social Security by the 65th day from the date of the last denial (in this case, the denial of the disability application). The denial date is usually stamped in the upper right hand corner of the letter of denial, also known as the notice of disapproved claim.
How is the decision on a reconsideration made?
A reconsideration is procedurally no different from a disability application. That is to say that after a reconsideration request is made, the claimant's case is sent to the DDS, or disability determination services, agency in the claimant's state. At the DDS, the case will be assigned to a disability claims examiner who will review the evidence of the case in order to render a decision.
In certain instances, the examiner will only need to rely on the medical evidence for a disability decision. This is when it is clear that the claimant has a medical condition that meets or equals the requirements of a Social Security listing. However, satisfying these qualifications can be very difficult and the majority of approved claims are approved through a medical vocational allowance.
In a medical vocational allowance, the claimant's case is subjected to a five step sequential evaluation process that takes into account both the claimant's medical history and work history. If the examiner finds that the claimant has functional limitations that are severe enough to prevent a return to work activity at the level of SGA (substantial gainful activity) earnings, the claimant will usually qualify to receive ongoing monthly benefits and, generally, some amount of Social Security back pay.
Reconsiderations are typically denied. The rate of denial at this level of the system exceeds the denial rate at the application level. For this reason, claimants who are filing a reconsideration appeal should prepare for the strong possibility of being denied for disability benefits and, likewise, prepared to file the next appeal, a request for a disability hearing. At the Social Security hearing level, the odds of being approved go up substantially provided that the claimant has supplied the proper evidence to satisfy the Social Security Administration definition of disability.
Reconsideration appeal denial rate: 84.5 percent.
Reconsideration appeal approval rate: 15.5 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: 47.5 percent
Disability Hearing approval rate: 52.5 percent
Note: The approval rate for the Fargo ND disability hearing office is in line with the national average for cases that are decided at the hearing level, as well as being line with the disability award rate for SSA Region 8. Claimants should note that in North Dakota, the chance of being denied at the hearing level is nearly as great as the chance of being approved.
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