Individuals must fight to obtain their SSDI benefits

April 13, 2013 (Press-News.org) Individuals must fight to obtain their SSDI benefits

Article provided by Smolich & Smolich
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Dealing with a disability is a reality for many people. When someone becomes disabled, the inability to work can make it impossible to provide for his or her family. In the event that an individual becomes disabled, that person may be eligible for Social Security Disability Insurance, or SSDI. However, sometimes those who are eligible and most deserving are denied the benefits they need. Given this unfortunately reality, it is imperative for all people to be aware of the SSDI appeals process.

Who can appeal?

If the Social Security Administration, or SSA, denies an individual's claim for SSDI, he or she has 60 days to file an appeal. In order to appeal, the claimant's initial application must expressly state the individual's disability and how it inhibits him or her from maintaining employment for a period exceeding 12 months.

In determining whether a claimant is unable to work, the SSA typically looks at a 15-year period of past employment. The SSA will look at the work an individual has performed in the past 15 years, and see if he or she would be able to perform any of those jobs, not just the job that was most recently held.

The appeals process

If an individual wishes to appeal the SSA's decision, he or she must file a request for reconsideration. Such a request will be considered by the Social Security Administration, which will further investigate the claims, obtaining medical records and other documentation as needed. However, because this request is handled by the same agency, it may result in a denial again.

An individual who is unhappy with the outcome of the request for reconsideration may ask for a hearing by an administrative law judge. The judge deciding the outcome of the hearing was not at all involved in the initial claim decision and will make a separate decision regarding the disability status of the claimant. After the hearing, the judge will issue an order regarding his or her findings, and a letter will be sent to the claimant.

If an individual then disagrees with the judge's decision, the claimant can request a review in front of the Social Security Appeals Council. Unlike the initial hearing, a review by the SSAC is not guaranteed, as it will deny a request for a hearing if it believes the administrative law judge's decision was correct. If a request for review is granted, the SSAC will either hear the case itself, or have it heard by a different administrative law judge.

Finally, if the result of the SSAC is unfavorable to a claimant, he or she may file a lawsuit in a federal district court.

Fighting for a financially secure future

Clearly, depending on the outcome of the initial hearing, the appeals process for SSDI can be time consuming and fact intensive. If your claim is denied, it is important to contact an experienced Social Security disability attorney as soon as possible. An experienced attorney will fight to ensure you receive the benefits you need.