How to file for disability, Filing for SSI
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I appealed my denial, what should I expect?
"I have a current appeal being filed.. after receiving children benefits till high school... I was denied as a adult because at 18 I was working full time... now and for some time now I don't and cant work full time... the local soc security office mailed me a notice asking me to call them....the person said I don't make enough to show substantial gains and recommended I apply for SSDI.... after 4 months they denied me saying I cant show I was disabled prior to 22 yrs old.. when in fact I was disabled at birth with cerebral palsy and drop foot syndrome.....I'm wondering what should I expect with my appeal....Thanks"
The denial you received on your disabled adult child disability claim is based upon the fact that they did not find you disabled, rather than as a definitive statement as to your cerebral palsy.
They are simply saying they did not find the limitations caused by your cerebral palsy and drop foot to be severe enough to prevent substantial work activity (FYI regarding Substantial gainful activity or SGA: Social Security has a gross monthly earnings amount that they consider to be SGA, and if you are working and earning over that amount your disability claim is denied).
Once your earnings dropped below the monthly SGA amount, you were able to file for disability. However, like everyone else who files for disability, your disability claim went through the medical determination process. In your case it was determined that you were not disabled by Social Security guidelines.
This is nothing unusual. About sixty to sixty-five percent of all initial disability claims are denied no matter what disabling condition the individual has. I don't want this to sound too depressing, but there is a good chance that your reconsideration appeal will most likely be denied as well (only about 15 percent of initial disability claims are overturned at this appeal level).
But in my opinion, getting denied at the reconsideration appeal level often has little to do with the soundness of your claim. It's simply been a fact for many years that getting approved at that level of the system is against the odds, most likely because the same agency (disability determination services) that handles the initial disability application also handles the reconsideration appeal.
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Denied Social Security Disability appeal
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Tips for applying for disability
For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.
The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.
To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.