Social Security Appeals

A person is entitled to receive Social Security Disability benefits (SSD) when he or she is no longer able to perform a substantial gainful activity as a result of a physical or mental impairment that will last or has lasted for at least 12 months.

To satisfy this definition of disability, as used by Social Security, a person's disability or impairment must meet or equal the level of severity described in the Social Security listing book. (“The listings”) The Social Security Listings set forth all the conditions and illnesses which the Social Security considers disabling. They rang from some forms of arthritis and uncontrolled high blood pressure to neurological disorders, orthopedic limitations and psychiatric problems, such as depression or Schizophrenia. If a disabled person meets one of the listings, he or she will qualify for approval. Most applicants for disability benefits do not meet one of the listings at first glance and must proof that their disabling condition is the result of one condition or a number of conditions which, taken together, make them unable to work.

Specific criteria to find a person disabled is included in the Social Security Listing of Impairments. Therefore, it is important that the claimant’s doctor be made be familiar with these criteria when submitting statements on a claimant's behalf. The claimant must also provide a list of all the doctors, hospitals, and clinics involved in a treatment of his or her condition.

Denials

It is not uncommon for a claim for SSD to be denied at the first step of the proceedings. If the application for SSD is denied, it is better not to reapply from the start, but to appeal. If the application is not appealed within the time prescribed, the retroactive benefits will be lost. It is always advisable to appeal with the assistance of a qualified disability representative who can guide you through the disability appeals process. Cases with legal representation have a much higher chance of winning.

I have been handling Social Security cases since 1976 and I am fully familiar with the Social Security laws and regulations regarding disability claims. If you have been denied Social security benefits, call my office for an appointment. All fees charged are contingent on resolving the case favorably for the client and are paid, though an order of the Social Security Administration, from your retroactive benefits.