Monday, January 12, 2009

Decisions on Social Security Disability Claims that are incorrect

In a few states, a claimant who has been denied on an application for disability can appeal by immediately making a request for a disability hearing. In most states, however, the first appeal that will be available to claimants who have been denied for disability will be the request for reconsideration.

The request for reconsideration is very different from the disability hearing in that, once again, the decision-maker (who, once again, is a disability examiner) and the actual claimant do not meet. However, in many regards, there is no substantial difference between the way a reconsideration is handled and the way an initial claim is handled. Both the initial claim and the reconsideration are decided by a disability examiner at a state disability processing agency typically known as DDS, or disability determination services. And, in fact, the examiner who reviews the reconsideration appeal may end up being someone who is only several feet away from the cubicle occupied by the examiner who rendered the first decision.

Bearing this in mind, it should be even less surprising that, on average, more than 80 percent of all reconsideration appeals are also turned down. Just the same, however, depending on the state in which you live, 10 to 20 percent of reconsideration appeals do get approved. Sometimes, this is because the claimant's condition worsened, meaning, from a case processing standpoint, that new medical evidence was acquired and reviewed. And, sometimes, this is because records that should have been seen and reviewed initially have become available.

However, in a percentage of cases, reconsideration appeals are approved because the examiner who handles the reconsideration...discovers that the examiner who handled the initial claim made a mistake.

Why do I mention this? Simply because it offers yet another rationale for filing a disability appeal and not giving up on an application for social security disability or an SSI disability claim.

If you get denied for disability, by all means do not give up on your case. Continue forward. However, keep in mind that pushing forward does not mean filing a new claim. Instead, you will be better served by filing an appeal, the hope being that eventually you will get to have your case considered by a judge at a disability hearing, a step in the claim process in which you will get to meet your decision-maker, participate in the decision-process, and put forward a rationale (directly or through your attorney) as to why you should be approved to receive disability benefits.

Return to the homepage for the Social Security Disability SSI Benefits Blog

Other Posts

When should you file for Disability Benefits
What to do after a Disability Claim is Denied
Social Security Disability Claims and Disability Lawyers
Steps to Win Social Security Disability
If your disability reconsideration is denied
Appeal Your Disability Determination From Social Security
What's so hard about Filing for Disability


Blogger Penelope said...

Hi, how can I get on your blogroll? I have a disability blog too, love yours.

9:06 PM  
Blogger Disability Blogger said...

Hi Penelope, I'll put you on the blogroll this weekend sometime. If its ok with you, I'll probably also do a post about your situation.


9:11 AM  

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