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Social Security Disability

A person who suffers from a mental or physical disability great enough to prevent work for a year may be entitled to collect social security disability benefits from the federal government. Unfortunately, the government rejects the majority of initial social security disability claims. Many subsequent claims are also rejected, forcing the applicant to appear in front of an administrative law judge to make his/her case for social security disability benefits.

The social security disability collection process can be complex, tiresome and often futile without the help of an attorney. Please contact us today – free of charge – to discuss how we can help you recover the social security benefits you may be entitled to.

Determining Eligibility

Those who have worked for a specified period of time and have a mental or physical disability that prevents work or is terminal in nature are eligible to receive social security disability payments. Some of the common conditions for which disability claims are made include:

  • Anxiety
  • Arthritis
  • Back Injury
  • Carpral Tunnel Syndrome
  • Depression
  • Heart disease
  • Migraines
  • Neck Injury
  • Neurological disorders

Do I Really Need an Attorney's Help?

Approximately two-thirds of all initial disability claims are rejected, and only about 20 percent of reconsiderations are approved. However, this does not mean a person should stop pursuing disability benefits. In fact, an individual's chances of being approved for benefits significantly increase with the help of an experienced social security disability attorney.

If you pursuing disability benefits, even if you have been rejected in the past, it is important to consult with a qualified social security disability attorney. The application process can take several months, and complications, reconsiderations and hearings can cause delays of over a year. An aggressive and experienced social security disability lawyer can evaluate your claim, help you gather the proper documentation to expedite the application process, and work vigorously to ensure that your claim is approved.

 

New Disability Determination Process

A new process for disability determination and appeals of unfavorable decisions was implemented in the summer of 2006 in the Social Security Administration's Boston Region, which encompasses Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont. If you have applied for SSDI or SSI in one of these states, the new process will apply to your case. If you applied outside the Boston Region, the "old" disability determination and appeals process applies to your case.

Based on the New Electronic Disability Claims System

The new process is based on the SSA's electronic disability claims system. Computerizing the whole system is helping reduce the case backlog and the amount of time that people must wait for decisions about their cases. The new process is significantly different from the existing process.

Components of the New Disability Determination Process

The new process is in place in the Boston Region, and is expected to be implemented eventually in all of the regions of the U.S. Here are its components:

Components of the New Disability Determination Process

The new process is in place in the Boston Region, and is expected to be implemented eventually in all of the regions of the U.S. Here are its components:

(1) A Quick Disability Determination (QDD) process for the cases of people who are obviously disabled. This computerized process identifies cases that are most likely to be given a favorable decision. In the Boston Region, 97% of the cases examined in the QDD process have been decided within the required 21 days, with an average decision time of 11 days. About 85% of these cases received a favorable benefits decision during the initial review, and more cases received a favorable decision when additional documentation was supplied by the applicants. Most of the cases so far have involved cancer, but the QDD model is being expanded to identify more types of clear disability.

(2) A Medical-Vocational Expert System (MVES) has been put in place to provide more of the medical and vocational expertise that's needed to make accurate and timely benefits decisions. The MVES is made up of a Medical-Vocational Expert Unit and a nationwide network of medical, psychological, and vocational experts. Their helps move the disability determination process along.

(3) Federal Reviewing Officials (FedROs) now review unfavorable state agency decisions when a claimant requests it. This eliminates the Reconsideration step of the existing appeals process.

(4) If a claimant disagrees with the decision of the Federal Reviewing Official, he or she has the right to request a "de novo" (new) hearing and decision from an Administrative Law Judge.

(5) A claimant's record is closed after the Administrative Law Judge issues a decision, but there are certain "good cause" exceptions to this rule.

(6) A Decision Review Board reviews and corrects decision errors and makes sure that there is consistent adjudication at all levels of the disability determination process. The Appeals Council component of the "old" process isn't used in the new process.

Please contact us today for a complimentary consultation with an experienced social security disability attorney who can make sure you get the benefits you deserve as quickly as possible.

Thank You

Steve Hood

 

 

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