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Disability Determination in California




 
The Disability determination process can be a fairly frustrating and trying process for an individual who has filed for either social security disability or SSI benefits and for the following reasons:

1. The disability determination process is typically slow. So slow, in fact, that it can take years to get through the system if your case is denied at the disability application level, is denied again at the social security reconsideration level, and proceeds to the hearing level.

Going through the application and reconsideration phase may cumulatively take a long number of months, of course. However, simply waiting for a disability hearing request can take one to two years, depending on where you live (most major metropolitan areas face significant backlogs, but backlogs are increasingly become part of the norm for social security disability and SSI cases).

2. The disability determination system typically denies the great majority of SSD and SSI claims. The statistics tend to vary between individual states; however, the national statistics indicate that approximately seven out of every ten claims for disability are denied at the application level, while 81% of all reconsideration appeals are denied. This tends to produce the following outcome: if you apply for disability in California and get denied, you will probably need to go through the appeals process, at least as far as the disability hearing stage, in order to win benefits.

3. The disability determination system is flawed in the sense that adjudicators (disability examiners make decisions on cases at the initial claim and disability reconsideration levels, while disability judges make decisions on claims at the hearing level) do not request detailed statements from treating physicians.

Such statements---known as residual functional capacity statements---have a proven track record with administrative law judges at hearings. Why this is not done as a simple matter of rendering a medical determination on a case is not clear. Perhaps SSA simply does this to contain costs. Many physicians already charge a substantial fee for this, and would likely charge even more if the social security administration routinely sent out requests to doctors for the completion of medical statements.








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Social Security Disability SSI and Doctors - Yours and Theirs

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    Social Security Disability SSI System and Benefits for Children




    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

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    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

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    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

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    Disability in North Carolina

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    Getting disability in North Carolina








    Filing for disability in California

    How do I Apply for Disability Benefits in California

    How long should you wait before you apply for disability?

    SSD and SSI applications in California

    What do you do if your California disability claim is denied?

    Do you file for your children when you apply for disability in California?

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    How long does a disability case take in California

    After you file for disability in California

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    The California disability process

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    The Social Security Disability process in California

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    Disability claims in California with certain conditions

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    Social Security Disability For Mental Illness in California




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    California Disability Lawyers and Representation

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    Lawyer for a disability hearing in California

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