Re-Opening a Prior Social Security Disability Benefits Claim

There are a number of reasons why a claimant should hire a Social Security disability attorney to help with a disability benefits claim. The more common reasons include but are not limited to: no up front fees, free consultations, gathering medical records, dealing with Social Security, and arguing in front of an Administrative Law Judge. One of the rarely talked about, yet very important reasons for hiring a disability lawyer is their ability to "re-open" prior claims.

What does it mean to re-open a prior claim?

The Social Security Administration (SSA) routinely denies disability claims. In fact, at the initial application level it can seem as though SSA is only approving claimants that are on the verge of death. Since so many people are denied, many claimants are second, third, or fourth time applicants. If your claim was denied at the Disability Determination Services (DDS) level (where the initial determination is made) and was not appealed, a disability lawyer may be able to "re-open" your prior denial without having to start from square one. The advantages of this specific method are plentiful. Re-opening a prior claim can result in more benefits, speeding up the process, and less documents back and forth.

Re-opening prior Social Security disability claims is governed by 20 C.F.R. 404.988, which can be found on the government website. While there are a number of ways a disability attorney can re-open a prior claim, one of the more straight-forward options is to do so within 12 months of the date listed on the initial determination, for any reason. There should be an emphasis on for any reason.

The second way a prior claim can be re-opened is if it is within four years of the date of notice of the initial determination and if there is "good case". Good cause is defined in 20 C.F.R. 404.989:

1) New and material evidence is furnished

2) A clerical error in the computation or recomputation of benefits was made; or

3) The evidence that was considered in making the determination or decision clearly shows on its face an error was made

Good cause for re-opening a case does not exist when the only reason is a change of legal interpretation or administrative ruling upon which the determination or decision was made.

There are many other ways that a case can get re-opened. If you have previously been denied disability benefits, you may have the option of re-opening the case rather then starting a new. It should also be noted that it is important to know whether you had originally applied for SSDI or SSI when you speak with a disability lawyer. Re-opening prior claims is one overlooked yet very important way a disability attorney can help you with your claim

Aaron Rifkind is a writer and attorney for Social Security Defenders LLC, who enjoys offering informational resources to the public. For more information on on Social Security disability benefits, feel free to contact Social Security Defenders LLC at http://socialsecuritydefenders.com.

What Can Go Wrong With Your Social Security Disability Claim?

In a perfect world, each and every individual who is entitled to Social Security Disability benefits would be able to submit a simple and straightforward disability application and be awarded benefits in a relatively short period of time. Unfortunately, we do not live in a perfect world. A number of things can go wrong with a disability application, causing a delay in approval or even the outright denial of a disability claim. If you want to make sure your claim for disability benefits has the greatest chance of success, you need to know what can go wrong. Knowing what can go wrong can help you avoid the common pitfalls associated with disability applications.

Providing Inadequate Information

When submitting a claim for disability benefits, it is crucial that you provide as much documentation as possible to the SSA. Your medical records are going to make or break your disability claim. If you do not have enough documented evidence proving the extent of your disability and how your condition prevents you from performing substantial gainful work activity, your claim for benefits will be denied. Discuss your condition at length with your doctors and make sure they understand your need for disability benefits. Your doctor can help you gather the medical records and evidence needed to qualify for benefits.

Re-Applying Instead of Appealing

Many applicants are upset and surprised when their initial application for disability benefits is denied. The fact of the matter is that most applications are not approved at the initial stage of the claim process. Do not make the same mistake that so many other applicants make and try to re-apply for benefits rather than filing an appeal of your denied application.

Unless your initial application for benefits had been missing some vital information or your condition has suddenly gotten significantly worse, re-applying for benefits is only going to result in another denial and you will find yourself back at square one with the SSA. The truth is that only 30 percent of initial disability applications are approved. Thus, most people are awarded benefits at the hearing stage of the appeal process. Instead of re-applying for benefits all over again, contact a disability attorney to represent you during your disability appeal and have your case heard before an Administrative Law Judge.

Not Communicating with Your Lawyer

It is in your lawyer's best interest to win your disability case for you. He or she will not be paid unless you are awarded benefits. Make sure you communicate with your disability lawyer and provide him or her with whatever information or documentation is required. When your lawyer gives you advice regarding what to say and do at your disability hearing, follow it. Disability attorneys know what it takes to win a disability claim and they truly have your best interest in mind.

Never Lie to Your Lawyer or the Administrative Law Judge

When it comes to disability applications, honesty is the best policy. Never be dishonest with your lawyer and never lie to an Administrative Law Judge (ALJ). Lying to your disability attorney or being dishonest with the ALJ who is hearing your case will likely result in a denial of your disability benefits. In fact, dishonesty can cause you to be denied for benefits when you may actually have been awarded disability payments had you been honest in the first place.

The Bottom Line

The disability application process is anything but simple and straightforward. Fortunately, it is not impossible to navigate. You simply need to keep the above advice in mind and, if your application for benefits is denied, make sure you hire a qualified Social Security attorney. While many things can (and sometimes do) go wrong with a disability application, having the legal guidance of a qualified lawyer can help minimize your chances of experiencing any of the common pitfalls.

Social Security Disability
Social Security Attorney

How Does the Social Security Administration Approve a Social Security Disability Claim?

The Social Security Disability application process can be confusing, stressful, overwhelming and lengthy. It is often hard for disability applicants to navigate their own responsibilities regarding their disability claim, let alone try to understand how the SSA will decide whether they will approve or deny their claim for benefits. If you are applying for disability benefits and want to understand how the SSA reviews and approves claims for disability benefits, the following information can help.

What Does the Social Security Administration Look For in a Disability Claim?

There are a few things the SSA looks for when an applicant files a claim for disability benefits. If you are applying for Social Security Disability Insurance (SSDI), the SSA will determine whether or not you have enough work credits to qualify for disability payments. If you are filing for Supplemental Security Income (SSI), the SSA will check to see if your household income falls below the set limits.

Meeting the SSA's Disability Guidelines

If all of the other criteria set forth by the SSA are met (e.g., work credits or income requirements), the SSA will then need to determine whether or not you are disabled, the severity of your disability and whether your disability meets their specific guidelines. This is why it is crucial that you provide as much medical documentation as you can with your initial disability application.

When reviewing claims for disability benefits, the examiner reviewing your claim will refer to a published listing of impairments known as the Social Security "Blue Book." This Blue Book lists all of the disabling conditions that could qualify an individual for Social Security Disability benefits. The Blue Book also contains guidelines for each listed condition and applicants must meet the guidelines set forth in the section that pertains to their specific disability in order to be approved for benefits. For example, if you are suffering from a traumatic brain injury, that condition is indeed listed in the Social Security Blue Book. However, a diagnosis of a traumatic brain injury in and of itself will not qualify you for benefits. The Blue Book lists symptoms from which an applicant must suffer in order to qualify under this section of the publication. If you have a traumatic brain injury that does not meet the published guidelines, you will not qualify for disability benefits.

If your condition is not included in the SSA's Blue Book, you may still qualify for benefits but will need to prove that your disability prevents you from performing any type of work-related activity. In order to prove your disability and the severity of your condition to the SSA, you will need to provide as much medical documentation as possible. Make sure you include all medical records and the names and addresses of all of your doctors when submitting your application for benefits. If you have had hospital stays, emergency room visits or trips to an urgent care center because of your disability, make sure the SSA is provided with information about each and every encounter. You can never provide too much information when filing a disability claim. Provide as much documentation as possible to help the SSA approve your disability application.

When reviewing your claim for disability benefits, the SSA will also look at your work history and your age. It is sometimes easier for those who are more advanced in age to qualify for disability benefits than it is for a younger person. For example, if a fifty-year-old man who has always worked in construction suffers a back injury and is unable to perform work because of the injury, he is more likely to be approved for benefits than a twenty-five-year-old male who suffered the same injury and had the same occupation. This is because the twenty-five-year-old could, if necessary, change to a different career path and perform a different type of work, whereas it would be nearly impossible for the fifty-year-old male to make a career change so late in his life.

What to Do if Your Application for Benefits is Denied

If your initial application for disability benefits is denied, do not be alarmed. The fact of the matter is that nearly 70 percent of disability applications are not approved at the initial stage of the application process. If your application is among those that are denied, it does not mean that you can't receive the disability benefits you need. It only means that you will need to go on to appeal the SSA's decision to deny your benefits.

If you have received notice from the SSA that your claim for benefits has been denied, contact a Social Security Disability attorney. Your chances of successfully appealing the SSA's decision to deny your disability benefits are statistically higher with proper legal representation.

Social Security Disability
Social Security Attorney

Bipolar Disorder - 13 Items Vital to Getting Your Bipolar Social Security Disability Claim Approved

If you or someone you care about has been diagnosed with bipolar disorder, you should know that Social Security disability benefits may be available to help ease some of the financial strain you may be experiencing.

You should also know that the average approval rate for Social Security disability claims is only 25% - 30%. Those sure don't seem like very encouraging numbers.

Particularly since bipolar disorder is such a serious mental illness that, according to the National Institute of Mental Health, affects close to 5.7 million people yearly in the United States alone.

Avoid the #1 Reason Others Fall Into the Denied Category

The number one reason so many disability claims are denied is actually very simple and completely avoidable.

It's basically because most claims don't have all the critical or even the correct pieces of information necessary to complete the application right from the get go - especially the precise medical information.

13 Pieces of Information Crucial to Your Bipolar Disorder Disability Claim

In order to avoid making the same mistake nearly 70% of those applying for Social Security benefits do, here's a list of 13 of the most crucial pieces of information you should have at your fingertips for your first application interview:

1. Complete names, addresses, and phone numbers of all your doctors, hospitals you may have been admitted to, or medical clinics

2. Dates you were seen at any of those facilities, and all your patient I.D. numbers

3. Names of any medications you're taking

4. Any medical records you personally possess

5. An original or certified copy of your birth certificate

6. If you were born outside the U.S, you'll need proof of U.S. citizenship or legal residency

7. If you were in the military, your original or certified copy of your discharge papers

8. Your W-2 forms or your federal income tax return

9. Any workers' compensation information such as date of injury, claim number, and proof of payments

10. The social security numbers of your spouse and your minor children

11. Your bank information such as checking and savings account numbers

12. A list of all the jobs you've had in the past 15 years before you got sick

13. The name of a contact person in case you can't be reached

That might seem like an overwhelming amount of information to gather just to get your Social Security disability claim started. But miss any part of the 13 items listed above and you're definitely looking at an immediately denied claim.

Why take that risk when just a little effort on your part, or perhaps with the help of a family member or friend, you could begin a winning claim for the bipolar disability benefits you deserve.

Albeit probably the single most important step involved in the process of filing a claim with the Social Security office for your bipolar disability, it certainly isn't the only step.

Valuable on-line resources are readily available to help you complete the process of filing a winning bipolar disorder disability claim.

For a simple, step-by-step toolkit and guide that takes you from filing your initial disability claim to receiving your first benefit check, you'll want to explore the all the information on this website: http://www.bipolardisabilityguide.com

You're also invited to subscribe to a free mini-course full of valuable tips and advice for building a winning bipolar disorder disability claim at this site too.

How Does Your Age Affect Your Social Security Disability Claim?

Each year more than 2.5 million disability applications are filed with the Social Security Administration. Of these applications, only 30 percent are approved at the initial stage of the application process. The remaining 70 percent must appeal the SSA's decision to deny benefits or give up hope of receiving benefits.

Many people wonder why applications are approved or denied and whether or not age plays any part in the SSA's decision as to whether or not they will award benefits. If you have considered applying for disability and wonder how your age will affect your disability claim, the following information will help you understand what role your age plays in your ability to qualify for disability benefits.

Age and Social Security Disability

Age is not always a determining factor when it comes to disability applications, but many times it does play a part in the SSA's decision on whether or not to award disability benefits. This is due to the medical and vocational guidelines that are set forth by the SSA.

When the Social Security office reviews a disability application, certain medical and vocational guidelines must be followed when deciding whether or not to approve a claim. There are guidelines set forth that pertain to one's age, but that does not mean your age will automatically disqualify you from receiving disability benefits.

When the SSA reviews your disability application, they must determine whether or not you are able to participate in gainful employment. Even if you have suffered a disability that prevents you from performing your usual job functions, your age may play a part in determining whether or not you can perform other types of work.

Let's say, for example, that you have no experience other than construction work. If you suffer a back injury and are unable to perform your usual line of work you may want to apply for disability benefits. Even if your condition falls under Social Security's Impairment Listings, this does not mean you will automatically qualify for benefits. Your age may also play a part in the decision.

Using the above example, if you are over the age of 50 your chances of being approved for disability benefits would be much greater than if you were in your twenties or thirties. This is because it would be much harder for you to enter into a new line of work. If you are younger, the SSA would expect you to obtain the necessary work skills to perform other types of employment. On the other hand, if your disability prevents you from performing any type of work whatsoever, you would likely be approved for disability benefits regardless of your age.

Determining the Role Your Age will Play

If you are applying for disability benefits, it can be helpful to understand how the SSA views the different age groups and work categories. If you are younger than 44 years of age, the SSA will view you as a young individual. Those who are between the ages of 44 to 49 are considered younger individuals and those between the ages of 49 to 55 are considered to be advancing in age. If you are over the age of 55 when you apply for Social Security Disability benefits, the SSA will consider you advanced in age.

Along with determining your age, the SSA will also determine what types of work you can perform. There are four categories into which Social Security groups functional capacities including sedentary work, light work, medium work and heavy-weight work. No matter how young you are, if you are unable to perform even the sedentary level of work due to your disability, you will likely be approved for disability benefits.

What to Do If Your Claim Is Denied

If you apply for Social Security Disability and your claim is denied, it is in your best interest to file an appeal with the Social Security Administration within 60 days of receiving the decision notice. If you feel that your age has played a part in your denied Social Security Disability application and that the Social Security Administration did not fairly take into consideration your inability to perform any type of work whatsoever, you should retain the services of a Social Security Disability attorney. Your attorney can increase your chances of a successful Social Security Disability claim and will ensure that all aspects of your disability are taken into account during the Social Security Disability appeal process.

Social Security Disability
Disability Claim

10 Ways To Help Win Your Social Security Disability Benefits Claim

1. See a doctor regularly

The best thing you can do for your case is keep your medical records consistent and up to date. When Social Security (or an Administrative Law Judge) reviews your claim, these records are the most important factor in their decision, so see your doctor often and keep him or her informed on your conditions. If you can't afford a doctor, we have a list of no/low cost medical resources by state.*

2. Comply with your doctor's orders

It is important that you comply with the treatments that your doctors prescribe for your conditions. If you refuse to take medications or follow other prescribed methods of recovery, the SSA is likely to think that your actions are keeping your conditions from improving. By following all of your doctor's orders, you show that you are doing everything in your power to help your condition improve.

3. Make sure that your lawyer gets your medical records

As previously said, a solid medical history is the best thing for your disability case. Medical records are what make up this history, and therefore it is extremely important that you inform your attorney when there are new records to collect. It is also important for your lawyer to know when you are going to the doctor, as they may have forms or questionnaires for your doctor to complete regarding your case.

4. Refrain from drug and alcohol abuse

Social Security no longer pays benefits if drugs or alcohol are contributing factors to a disability. Your case will be denied your medical records show that you have abused drugs or alcohol. If you have used drugs or alcohol in the past, it is important that your medical records show that you have stopped.

5. Be detailed on your applications and paperwork

It is extremely important for your paperwork to include a very detailed description of how your disability affects your day to day activities. For example, you would not want to fill out a report by saying "I watch TV all day," because SSA will say "If you can sit and watch TV for 8 hours a day, you can sit and answer phones at a job for 8 hours a day." Rather, you would want to explain how long you can sit in one place before having to readjust, stand up or lay down.

6. Keep in contact with your lawyer and the Social Security Administration

Every day, applications are denied for benefits because they are not able to find the applicant. If you move or change your phone number, it is important that you give the new information to the SSA. In the same regard, it is important that your lawyer knows how to get a hold of you, as they may have forms you need to complete or update information on your claim.

7. Comply with Social Security's requests

Through the decision process, the SSA makes many requests of applicants. It is important that you fill out any paperwork and go to any exams that they request you to go to. If you do not, you may be denied benefits for non-compliance.

8. Keep an eye on your earnings

There are very specific qualifications that must be adhered to in order to qualify for benefits, and the monthly earnings limit is one of the most important. When you are applying for SSDI, this limit is called SGA (Substantial Gainful Activity). For 2011 the limits are as follows:

? Non-Blind Individual = $1,000

? Blind Individual = $1,640

If you are applying for Supplemental Security Income benefits, the amount differs depending on marital status and state of residency.

9. Write your local congressman

This is a good time to call in the artillery. You elected them, now use them. Write your local congressman a letter outlining your situation and they may make an inquiry about your case. While a letter from a congressman cannot influence the decision on your social security claim, it may speed up the process (especially in dire need situations).

10. Don't give up

Receiving disability benefits is a long and difficult process. We are here to help you in your fight for benefits. Denial rates are high and the majority of cases will not be resolved until an Administrative Law Judge hearing. Keep this in mind and trust that we are doing everything within our power to get you the benefits you deserve.

SSDI Benefits

Monthly cash benefit checks, with an average monthly check of $500-$2000
Medicare benefits after 1 year wait period

* http://www.socialsecuritylaw.com/help-center/

Disability Group Inc.

Disability Group Inc was founded on the principles of dignity and respect. We are a national law firm focused exclusively on helping people receive the Social Security Disability benefits they deserve. For more information about Social Security, or to see if you qualify for benefits, visit us at http://www.socialsecuritylaw.com

Social Security Disability Benefits - Steps in Filing a Claim

Social Security Disability is a part of the Federal Social Security Act. It encompasses several programs that provide monthly disability payments and other benefits to disabled workers and their families. SSD benefits may consist of cash payments and medical coverage.

Filing a Social Security disability (SSD) benefits claim can be an overwhelming process. If you are unsure of who is eligible for SSD benefits, what the claims process involves, or what to do if your claim is denied, the following information can help answer your questions.

Length of Claim Processing

Not counting appeals, the average processing time for an SSD claim is 120 days. The actual amount of time it takes to process your claim will depend upon the state in which you live, the nature or your disability, how quickly Social Security receives medical evidence from your doctor or other medical source, and whether you need to go for a medical examination.

Eligibility Requirements

To receive Social Security disability benefits, an injured worker must meet a variety of criteria. The first set of criteria concerns the medical condition of the applicant. The person who is applying for benefits must have a "medically determinable impairment." This means that the applicant must have a physical or mental impairment that can be medically diagnosed and established by evidence consisting of signs, symptoms, and laboratory findings. Additionally, this impairment must have lasted, or be expected to last, at least one year or be expected to result in death. Finally, the impairment must result in the inability to work.

The second set of criteria regards the applicant's work history. In order to be eligible for SSD benefits, the applicant must have worked long enough, and recently enough, to have sufficiently contributed to the Social Security system. Otherwise, you would be eligible for Supplemental Security Income (SSI).

Filing the Initial Application

If you are disabled, cannot work, and have determined that you meet the eligibility criteria, you can apply for Social Security disability benefits as soon as you become disabled. You can apply by contacting the Social Security Administration or by filling out their online application.

Approval of Benefits

If you are approved for SSD benefits, it is regarded as a permanent benefit. There are several circumstances under which your benefits could be terminated:

If you engage in "Substantial Gainful Activity" - any activity that is substantial enough to negate eligibility for benefits, including going to school or working full time.
If the Social Security Administration reviews your case and decides that your condition has improved.
If you become incarcerated or institutionalized against your will for more than 30 days, you are ineligible for benefits during this time.

Denial of Benefits and the Appeals Process

If you believe that you are wrongfully denied SSD benefits you can appeal the decision. The most important thing to remember is that you only have 60 days to appeal.

The first step in the appeals process is an administrative hearing. The hearing will be conducted by an administrative law judge who will ask a variety of questions about your medical condition and your work history. There may also be a vocational expert at the hearing to present an opinion as to whether or not you are capable of working. The administrative judge will consider the following questions:

Are you currently engaged in gainful work?
If you are not currently performing gainful work, is your physical or mental medical condition considered medically severe enough to be labeled a disability?
Has your condition lasted, or is it expected to last, for at least one year, and does it meet or medically equal a listed impairment?
Does your condition prevent you from working in your established profession?
Does your condition prevent you from working in any other profession in which jobs are available?

If the administrative hearing does not yield the desired results, the claim can be taken to the Appeals Council for further review. The Appeals Council can choose to do one of the following: review your claim and render a decision, decide not to review your claim, or remand you claim to the Administrative Law Judge for further consideration. The average processing time for the Appeals Council is 18 to 24 months.

If the outcome of the Appeals Council is not favorable, the claim can be pursued in Federal Court. A civil suit can be filed in Federal District Court and appealed all the way to the United States Supreme Court.

Those interested in learning more about the Social Security Disability claims process, including how to decide if you need an experienced SSD lawyer to represent you and listings of eligible physical and mental impairments, can visit http://www.edgarsnyder.com