How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
Hiring a Qualified Disability Lawyer in Minnesota
Individuals with disability claims in Minnesota who are represented tend to have higher rates of approval, need fewer appeals, and acheive more favorable "dates of onset" (the date the disability is proven to have begun) which may to higher back pay benefits.
Representation may be provided through a disability lawyer or a specialized non-attorney disability representative. Many non-attorney reps are former Social Security Administration Claims Specialists and Disability Examiners with an extended history of working from within the federal system.
A qualified disability representative will have a knowledge of Social Security administrative law, particularly with regard to how claims are approved through the Social Security listings and the medical vocational grid rules. A qualified and competent disability representative or lawyer will also be skilled in the ability to obtain the most relevant case evidence, analyze it correctly, and incorporate it as part of a winning strategy for a claim.
To learn about fees for representation, see: "How do disability lawyers get paid?"
If you are filing for Social Security Disability (SSD) or SSI benefits in Minnesota, the good news is that you are statistically more likely to win benefits than applicants in most other states: more than 40% of all disability applicants in Minnesota are approved by the Minnesota disability determination services (DDS is the state-level agency that makes disability determinations for the Social Security Administration on title II SSD and title 16 SSI disability claims).
This, of course, still means that the majority of applicants will be denied on their initial claim, forcing them to either give up on their claim, file a brand new claim, or enter the appeals process.
Note: in very few circumstances will it be beneficial for a claimant to start with a brand new claim. This is true for a variety of reasons but a very compelling one is that starting with a new claim and application date--essentially giving up one's appeal rights--can have the effect of losing eligiblity for months of disability back pay benefits. In nearly all cases, it will be to the claimant's benefit to file an appeal.
If your case is denied at the initial claim, or aplication level, the first appeal will be a request for reconsideration. According to recent statistics, the chances of being awarded benefits at the reconsideration level were less than 20 percent, or 18.8 % to be exact.
These figures are better than the national average; however, the fact remains that Social Security Disability applicants in Minnesota will generally be denied at the disability application and reconsideration appeal levels, necessitating the need to file the second appeal: a request for hearing before an administrative law judge.
An ALJ hearing typically offers claimants the greatest opportunity for being approved. In Minnesota, approximately 55 percent of all hearings are approved by judges. The percentage of cases won, however, increases when representation is involved on a claim. This is due to several reasons, perhaps the most important being that a representative--a disability lawyer or non-attorney disability representative--will engage in the proper preparation for a hearing.
Proper preparation will include the following:
1. Reviewing the case file -- This is to see why the claim was previously denied, what the basis for prior decisions was, whether or not the initial claim or reconsideration-level disability examiner made an error in deciding the case, and whether or not medical or vocational evidence was considered properly, or not considered at all.
2. Gathering updated medical evidence - This is done because, although the Social Security Administration will gather medical records for a claimant's case at the first two levels of the system, SSA will not do any case development once the case proceeds to the hearing level. At that point, case development becomes the sole responsibility of the claimant, or their disability attorney or representative.
Obtaining the proper medical evidence is crucial at all levels of the disability evaluation system. However, it is particularly important at the hearing level since a claimant will be allowed to interact with the decision-maker on their claim (the administrative law judge) and present a rationale for the case being approved.
A disability attorney or non-attorney will attempt to obtain a) recent evidence (for a claimant to be approved for monthly ongoing benefits, they must present medical evidence that confirms that they are currently disabled), b) older evidence that establishes when the individual became disabled, and c) evidence that illustrates the severity of the individual's functional limitations.
Most disability lawyers and non-attorney disability representatives in Minnesota will also attempt to obtain an objective supporting statement from one of the claimant's treating physicians, defined by SSA as a medical doctor who has a history of providing treatment to the claimant and, therefore, is qualified to issue a statement concerning their prognosis and limitations (which translates into their ability or inability to work).
Should a disability lawyer or representative be obtained only for a hearing, or for earlier levels on a disability claim? There is no standard rule as to when a representative should be sought. However, it makes sense to consider representation after the first denial because a second denial usually occurs and that leads to a disability hearing. Appearing before a federal disability judge unrepresented is seldom a good idea and generally handicaps a claim, often significantly since most claimants will be unfamiliar with Social Security administrative law and procedure.
As to whether or not early representation on a claim in Minnesota should be sought, many claimants will benefit when their chosen attorney or representative is able to win the case at the disability application or reconsideration appeal level, thus eliminating the need for a hearing. This can save many months of case processing time that would ordinarily be consumed simply waiting for a hearing to be scheduled, which, needless to say, can be financially devastating for most disability claimants who have no available source of income.
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Can you work while getting or applying for Disability?
How Often Does Social Security Approve Disability The First Time You Apply?
Tips for getting Social Security Disability or SSI benefits approved
What medical conditions will get you approved for disability?
What kind of Mental Problems Qualify for Disability?
Receiving a Disability Award Letter
Conditions Social Security will recognize as a disability
Previously answered questions regarding SSD and SSI
Applying for disability in your state
Most popular topics on SSDRC.com
Social Security Disability SSI Questions
The listings, list of disabling impairments
Can a mental illness qualify you for disability?
Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
How to apply for disability for a child or children
Filing a Social Security Disability SSI application
Filing for disability - when to file
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
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.