What Professionals Need to Do When Filing Disability Claims

There are many ways to answer this question. A Social Security disability claim may take less than thirty days or over two years to receive a decision. An individual begins the disability process by filing an initial disability claim with the Social Security Administration. Once the initial disability claim is taken, it is sent to the state disability agency for a medical determination. Generally, an individual’s initial disability claim takes anywhere from thirty to ninety days to get a decision. If the individual is awarded disability benefits at this juncture, their disability claim took ninety days or less. Although most initial claims take ninety days or less, some take longer depending upon availability of medical evidence, need for further consultative examinations, etc.

If an individual’s initial disability claim decision is a denial they have two choices: They can file an appeal of the denial or file a new disability claim. NEVER file a new initial claim if your first disability claim is denied! If your initial claim is denied you should begin the Social Security disability appeal process. You are probably thinking why is it best to appeal the decision? Statistics indicate if an individual is denied at the initial level, they are likely to be denied every time they file an initial claim. Initial claims are sent to state disability agencies for processing; these agencies are bound by strict rules and regulations while making medical decisions for Social Security. Therefore, you are likely to be denied if you file another initial claim https://vaclaimsinsider.com/.

How do you appeal that initial disability denial? You may contact Social Security, and file an appeal known as reconsideration or you can have a Social Security disability representative file your appeal for you. Sometimes it is easier to have a representative handle your appeals, so that you never miss your deadlines. All Social Security appeals have a sixty-five day appeal period, if you miss this deadline, you may have to begin your disability claim again. So how long does a reconsideration appeal take and what are you chances of winning disability benefits at this level? Usually, a reconsideration appeal takes less time to process; most reconsideration appeals take sixty days or less to receive a medical decision. Now just what are your chances of being awarded disability benefits at this level? Statistically, only ten to fifteen percent of all reconsiderations are allowances. Why are the statistics so low? Reconsideration appeals are sent to the same state disability agency for a medical determination that initial disability claims are sent too. The only difference being is that your reconsideration appeal is sent to a different disability examiner for review. Consequently, your reconsideration appeal is likely to be a denial as well.

Don’t get discouraged; the next appeal level is where are most likely to win your disability benefits if your initial claim was denied. If your reconsideration appeal is denied you can appeal the decision by file a request for hearing before an administrative law judge. Administrative law judges have more leeway in making their medical decisions that state agency disability examiners. Thus, statistically there are many more disability benefit awards at this appeal level. The biggest problem with this appeal level is the time it takes to receive an administrative law judge hearing. Currently, many states have large hearings request backlogs, and some disability applicants are waiting months or even years to be scheduled for their hearing.

In conclusion, your Social Security disability claim may take less than thirty days or more than two years. If your condition is not terminal and it does not meet or equal the criteria from the List of Impairments contained in the Social Security disability handbook known as the “blue book”, it may take longer to receive an award of disability benefits than an individual who has a terminal illness.

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