Signs You May Have Lost Your Disability Hearing
If you have filed a claim for disability benefits and you are awaiting a decision, you may feel anxious about when that decision will be rendered and what it will be. If this is the case, you should know that feeling that way is normal. Depending on how busy the Social Security Administration is, it may take several months to issue an initial decision on your claim, and longer if you are pursuing an appeal. Let’s take a closer look at the stages of the process and some of the positive and negative signs regarding approval.
What Does the Social Security Administration Consider in Awarding Benefits?
To increase your chances of success on a claim for disability benefits with the Social Security Administration, there are a few primary factors that must be satisfied. These include:
- You have a disabling condition: It goes without saying that there are many unfortunate and uncomfortable health conditions people struggle with; unfortunately, not all of them will be considered to be disability by the Social Security Administration. To determine whether a particular condition qualifies as a disability for the purpose of awarding benefits, the Social Security Administration typically consults its listing of impairments, commonly known as the Blue Book. The Blue Book is a guide that lists numerous conditions, divided into categories, along with their accompanying symptoms. If you can establish with sufficient medical proof that you have one of these conditions, you will generally increase your chance of approval for benefits. Having a condition listed in the Blue Book is not mandatory, however. If your condition is not specifically listed, it may simply mean you need to provide additional medical evidence of the condition and its impact on your daily life.
- Your disability has caused you to be unable to work for one continuous calendar year or more: This requirement is fairly straightforward. Sometimes, severely disabling conditions can resolve in less than a year. If this is the case, you may be able to pursue short-term disability benefits through your employer or some other source, but you will likely not be approved for Social Security disability benefits.
- You have adequate work history: If you intend to apply for Social Security disability insurance benefits, or SSDI benefits for short, the Social Security Administration will require that you be “insured.” Being insured from the perspective of the Social Security Administration means that you worked at a job for a sufficient length of time and regularly paid taxes from that salary into the Social Security system. Ultimately, the Social Security Administration will base the amount of your benefit on your work and earnings history.
- You have income and resources below a certain level: To receive SSDI benefits, as we have discussed, an applicant must be insured. If you are not insured, however, you shouldn’t panic. You may still qualify for the second type of benefit offered by the Social Security Administration, which is known as Supplemental Security Income Benefits, or SSI benefits for short. These benefits are awarded to individuals with income and resources below a specific annual limit established by the Social Security Administration who also meet the other necessary requirements. This limit typically changes from year to year in accordance with various economic factors, so consulting with an attorney regarding your particular situation is always advised.
If you meet all of these factors and your claim is approved, then benefits should begin shortly thereafter. If you are denied, however, you may decide to pursue the various stages of the disability appeals process, including requesting reconsideration and perhaps even a disability hearing before an administrative law judge. At this hearing, as with the initial filing of your claim, it will be important to provide evidence that you meet the various factors required for approval. If you are unable to do so, it is unfortunate, but you are unlikely to win approval of benefits at the hearing.
Disability Action Group – Here for You
At Disability Action Group, we know that the experience of trying to pursue benefits while disabled can feel overwhelming. The law can be complicated and confusing, and it can be frustrating to try to navigate this journey while also trying to adapt to life with a disability. The good news is, you don’t have to make this journey alone. At Disability Action Group, we’re here to help. We know and understand every aspect of the law pertaining to disability benefits, and if you trust us with your claim, you can expect us to always pursue the best legal strategies on your behalf. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.
Sources
- Social Security Administration Hearing Process: https://www.ssa.gov/appeals/hearing-process.html
- About Social Security: https://www.ssa.gov/about-ssa
- Applying for Social Security Benefits: https://www.ssa.gov/apply