Claim Process
Missed deadline
Unfortunately, most disability benefits appeals have a strict deadline that cannot be extended. However, in certain limited circumstances, you may be able to file a late appeal. If you believe that you may be eligible to file a late appeal, you should contact your local Social Security office or the reconsideration unit at the office that managed your claim for further information or advice on how to proceed.
what are good cause reasons for missing the appeal deadline in my SSDI claim?
- Poor health. If your physical or mental health has worsened since the denial, you may be able to provide medical records in your appeal that explain why you were unable to meet the deadline.
- Inaccessible documents. If you were unable to access important documents or information necessary to complete the appeal process in time, you can explain this in your appeal.
- A change in addresses. If you moved and didn’t update your address on file, then you may have missed important notifications in your claim and therefore were unable to meet the deadline.
- Unforeseeable circumstances. If unexpected events occurred, such as a family medical emergency, then you may be able to explain why the missed deadline was unavoidable.
- Lack of knowledge. If you were unaware of the appeal deadline or confused about the appeals process, this can demonstrate good cause for missing the deadline.
what should I do if I missed the appeal deadline in my SSDI claim?
If you have missed the appeal deadline, you may need to apply for a new Social Security Disability claim and start the process over again. Before reapplying, it is important to have an experienced disability lawyer review your case to determine if there are grounds for an extension of the appeal deadline. Additionally, a good attorney can help you improve your chances of success with your new application.
can I extend the appeal deadline in my SSDI claim?
Possibly. In most cases, you must submit your appeal request within 60 days of receiving your denial letter. If you miss the deadline, you can submit a "Good Cause" appeal which requires an explanation of why you could not file on time. If you think you have good cause for an extension or are otherwise unsure about the appeals process, we recommend you contact the Social Security Administration's appeals unit or get legal help.
what can a lawyer do if miss the deadline to file an appeal in my SSI claim?
Without a good reason a lawyer may not be able to do anything if the deadline to file an appeal has been missed. It is possible, however, that a lawyer may be able to request an extension of the deadline on certain basis, such as lack of documented notice of the forthcoming deadline as well as extraordinary circumstances beyond the control of the appealing party.
is it better to file an SSDI appeal or new application?
It depends on the individual’s situation. Generally, filing an appeal is the best course of action if an initial application for Social Security Disability Insurance (SSDI) benefits was denied. However, there may be some circumstances in which it might be better to file a new application, such as if the individual’s disability has become more severe since the initial application. It is important for individuals to consult an experienced disability lawyer to determine the best course of action for their individual situation.
Hearing Scheduled
who attends the Social Security disability hearing?
At a Social Security disability hearing, the claimant will typically attend. The claimant's representative (attorney, paralegal, etc.), the Administrative Law Judge, vocational and/or medical experts, and witnesses may also be present.
what happens if I don't have a lawyer at my Social Security disability hearing?
If you do not have a lawyer present at your Social Security disability hearing, you may still be able to represent yourself successfully. However, it is generally recommended that applicants have a lawyer present to help them present their case in the best possible light. The lawyer can help ensure that all evidence is presented and can guide you through the hearing process.
should I get my doctor to testify at my SSDI hearing?
It depends on your situation. Generally, it is recommended that you get a medical opinion as part of your evidence at a Social Security Disability hearing. However, if your doctor does not specialize in the medical condition you have, it may not be necessary to have them testify. It is best to discuss with your attorney what evidence would be most beneficial for your case.
what are my chances of winning my SSI claim if I do not have a lawyer?
You can technically represent yourself without a lawyer in trying to get an SSI claim approved, but it may be difficult. In most circumstances, it is beneficial to have a lawyer who is experienced in Social Security law to help you with your claim. A good lawyer can improve the chances of success for an SSI claim significantly.
how does it take to get my disability hearing scheduled?
The time it takes to get your disability hearing scheduled will depend on a few factors, including the jurisdiction and your case's complexity. Generally, a hearing will be scheduled within a few months of your application being filed. It is possible that wait times may be significantly longer depending on the pending litigation in your area.
The time it takes to get your disability hearing scheduled can vary depending on many factors, including the administrative law judge’s caseload and where you live. Generally, it takes around three to six months from the time you request a hearing to when it is scheduled.
can I get my SSI hearing expedited?
Yes, it is possible to request an expedited hearing with the Social Security Administration for disability and SSI claims. You will need to provide medical evidence and other documentation to support your request. You should contact your local Social Security office for more information about the steps you need to take.
Claim denied
Why was my SSI claim denied?
There are many reasons why a Social Security Insurance (SSI) claim may be denied, such as failing to meet the financial or medical eligibility requirements, providing incorrect or incomplete information, or missing a deadline. The Social Security Administration will send a determination letter explaining why the claim was denied and what steps to take next if the denial is contested.
Are Social Security consultative examinations fair?
Whether or not Social Security consultative examinations are fair depends on the individual case. Generally, a Social Security consultative exam is held to determine if a claimant qualifies for the benefits they have applied for and is typically conducted by an independent medical examiner. Each case is evaluated based on the medical evidence presented and the purpose of the exam. Therefore, it can be said that Social Security consultative examinations are fair when conducted in a consistent and unbiased manner. The exam should also be tailored to the individual’s needs and abilities.
The Social Security consultative examinations are designed to be fair and unbiased. They are intended to accurately measure a person's ability to perform certain physical or mental tasks, and they must comply with all relevant laws. The results of these examinations are used to establish eligibility for certain Social Security benefits, and they are generally accepted as fair and objective.
New application
what percentage of Social Security disability application are approved?
According to the Social Security Administration (SSA), about 32% of disability applications are approved during the initial review process.
what percentage of Social Security disability reconsideration appeals are approved?
The approval rate for Social Security Disability reconsideration appeals is about 27%.
what percentage of Social Security disability request for hearing appeals are approved?
The approval rate for Social Security disability request for hearing appeals varies greatly depending on the nature of the case. Generally, the overall approval rate for hearing appeals is between 40% and 60%, with some estimates as low as 20% depending on the complexity of the case.
How should I prepare to file a SSDI application?
- Gather documents: Gather documents like your Social Security Number, proof of U.S. citizenship and any other relevant documents that may be needed to prove your identity.
- Understand the eligibility requirements: You should familiarize yourself with the eligibility requirements for SSDI. The requirements are different for individuals who are already receiving Social Security benefits, and those who are not.
- Prepare any additional documents: In order to successfully file a SSDI application, you may need to provide additional documents such as medical records, therapy and diagnostic reports, lab results, and more.
- Contact your local Social Security office: After you have gathered the necessary documents and prepared any additional documents, contact your local Social Security office or the regional office to schedule an appointment to file your application.
- Expect a wait: Depending on the backlog in your area, it can take up to several months to file an SSDI application. You should plan to wait at least 3 months before hearing anything back from Social Security.
- Collect all needed documents and information. This includes medical and work history, income and resources information, Social Security number, any military records, and any other documents that support a disability.
- Talk to a lawyer or other disability advocate to get help understanding the process and if the disability meets the criteria for Social Security Disability Insurance.
- Make sure to apply soon—the process can take several months, and you don’t want to miss out on any potential benefits.
- Be prepared to give complete, detailed information about your disability. For example, you should provide evidence as to when the disability began, how it has progressed, and how it significantly affects your ability to work.
- Be honest and accurate. Provide verifiable information and answer all questions completely. Lying on the application can result in having your claim denied.
should I refused to attend that medical examination in my disability claim?
No. All disability claims require thorough evaluation of the individual. Without a medical examination, a disability claim cannot be adequately assessed. If you refuse to attend a medical examination requested by the disability insurer, it could lead to a denial of the claim.
Fast Track
Is it possible to fast track my ssi claim?
No, it is not possible to fast track a Social Security disability (SSDI) or Social Security income (SSI) claim. All applications and appeals must be processed in the order they are received. The Social Security Administration (SSA) takes into account an applicant's medical condition, age, past-work history, and other factors when determining the speed with which an application is processed.
This means that each claim is processed in the order it is received, and no one can force the SSA to prioritize one claim over another. However, there are steps you can take to help speed up your application process. These include providing as much information as possible, making sure all forms are completed accurately and on time, and calling or visiting your local Social Security office as needed.
How can I get my SSDI claim processed faster?
Unfortunately, there is no way to speed up the claims process for Social Security Disability Insurance (SSDI). The best way to increase the chances of an expedited decision is to provide the Social Security Administration (SSA) with all of the necessary documents and information quickly and accurately. Filing for SSDI online, keeping clear records, and understanding the complexities of the process can help with a smoother, faster decision.
The processing time can vary greatly depending on a variety of factors, including the type of disability, the claimant’s medical history, and the amount of documentation provided to the Social Security Administration. It is important to submit all necessary documentation in a timely manner and to follow up as needed so that the claim can be processed smoothly. It is also important to remain in contact with your local Social Security office in order to ensure that your claim is being processed promptly.
can I expedite my disability claim if I am homeless?
Yes, if you are homeless you may be able to expedite your disability claim. You should contact your local disability office and request an expedited claim. Depending on the office's policies, they may provide you with a quicker response.
can I expedite my disability claim if I my condition is terminal?
Yes, expediting a disability claim because of a terminal condition is possible. Social Security disability claims can only be expedited if they meet certain criteria, such as being severely disabled, as determined by Social Security's definition, and if the claim is at a stage where an expedited decision can be made. If you have a terminal condition, you may be able to qualify for Compassionate Allowances, which allows SSA to quickly approve disability claims that involve medical conditions so severe that SSA's medical criteria for disability allow for an expedited award.
what is an ALJ on the record decision?
An ALJ on the record decision is a claim award by an administrative law judge that is made based only on the medical documents submitted to the judge. This type of decision does not require the parties to have an in-person hearing. Instead, the judge reviews the documents and makes a decision based on the written record.
What happens if I don't have a lawyer at my Social Security disability hearing?
If you do not have a lawyer present at your Social Security disability hearing, you may still be able to represent yourself successfully. However, it is generally recommended that applicants have a lawyer present to help them present their case in the best possible light. The lawyer can help ensure that all evidence is presented and can guide you through the hearing process.