The hearing process is very similar for all types of appeals. If your request for hearing is about whether you are disabled, the Administrative Law Judge (ALJ) will focus on your medical condition (s) and make a decision based on the evidence in your case file. The ALJ may also call witnesses to testify. For example, the ALJ may call a medical ...
Feb 24, 2022 · When an ALJ doesn't agree with your alleged onset date, yet finds you disabled, it is called a partially favorable decision. In this case, the judge's opinion will explain why the ALJ disagreed with the alleged onset date and will provide the date the ALJ believes the disability began. This date is then called your established onset date.
Jun 14, 2013 · a new claim is just that - brand new. so the old evidence will have to be re-submitted on the new claim. while an appeal of the ALJ decision may be the better bet (as suggested by the other comments), it also may not be better. statistically speaking, after an ALJ decision, success on appeal is about 5-10%. if the evidence is overwhelming, I might still …
The Social Security Administration reports that on average, this is how Appeals Councils decisions end up: 72% of the Requests for Review are denied. 22.5% of the cases are remanded to an ALJ. 3% of the cases result in the Appeals Council issuing a new decision, and. 2.5% of the cases result in a dismissal (because the request for review was ...
If you have lost all of your appeals or have decided not to appeal any further, you must pay the money back. You can tell SSA that you want to repay it in small amounts each month that you can afford. SSA can withhold all of your Social Security benefits to repay the overpayment.
If you no longer receive SSI, we may withhold your overpayment from a Federal Income Tax refund and/or from any future Social Security benefits you may receive. If you become eligible for SSI in the future, we will withhold your overpayment from future SSI payments.
The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid.
If you are an adult, there generally is only one way you might be approved for SSI but denied Social Security Disability. Social Security requires that you be insured to receive disability benefits. Your insured status is gained through your work and the payroll taxes you paid.
A Social Security Repayment can occur when you receive more money for a month than the amount you should have been paid. The amount of your overpayment is the difference between the amount you received and the amount due.Jun 4, 2019
If we decide you do not have to pay the money back, we call it a waiver. If you also think we made a mistake when we decided that you were overpaid, or if you disagree with the amount of your overpayment, please also complete the SSA-561, Request for Reconsideration. We call this action an appeal.
You can receive Social Security benefits based on your earnings record if you are age 62 or older, or disabled or blind and have enough work credits. Family members who qualify for benefits on your work record do not need work credits.
The Social Security trust funds are financial accounts in the U.S. Treasury. There are two separate Social Security trust funds, the Old-Age and Survivors Insurance (OASI) Trust Fund pays retirement and survivors benefits, and the Disability Insurance (DI) Trust Fund pays disability benefits.
The Social Security Administration (SSA)Program Description The Social Security Administration (SSA) administers two programs that provide benefits based on disability: the Social Security disability insurance program (title II of the Social Security Act (Act)) and the Supplemental Security Income (SSI) program (title XVI of the Act).
You Earn Too Much Income For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).
SSDI is the easier of the two to apply for, and you can do so online at www.socialsecurity.gov. SSI is slightly more complicated, so you'll need to apply in person at your local Social Security office or over the phone.Mar 25, 2016
Here are some common leading reasons claims are often denied: Lack of medical evidence. Prior denials. Too much earnings.
If we recently denied your Social Security benefits or Supplemental Security Income (SSI), you may request an appeal. Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. There are four levels of appeal: 1 Reconsideration. 2 Hearing by an administrative law judge. 3 Review by the Appeals Council. 4 Federal Court review (please see the bottom of page for information on the Federal Court Review Process).
Non-medical reasons may include a denial due to income, resources, overpayments, or living arrangements. Request Non-Medical Reconsideration. Check the Status of Your Reconsideration. Whether you filed your appeal online, by mail, or in an office, you can check the status of your disability and SSI Reconsideration using your personal my Social ...
The Administrative Law Judge may ask other witnesses, such as a doctor or vocational expert, to come to the hearing. You and the witnesses answer questions under oath.
Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. In counting the 60 days, we presume that you receive the notice five days after we mail it unless you can show that you received it later. If you do not file an appeal timely, the ALJ may dismiss your appeal.
If you do not have it when you request a hearing, send it to the Administrative Law Judge as soon as you can, but no later than five business days before the hearing date. At the hearing:
The next step in the appeals process is a hearing before an Administrative Law Judge (ALJ). You or your representative may request a hearing by an Administrative Law Judge.
After the hearing: The Administrative Law Judge issues a written decision after studying all the evidence. The Administrative Law Judge sends you and your representative a copy of the decision or dismissal order .
You can have a representative, such as an attorney, help you when you do business with Social Security. To learn more about your right to representation, please refer to our Publication No. 05-10075.
You have the right to appeal any decision Social Security makes on whether you are entitled to Social Security benefits or are eligible for Supplemental Security Income (SSI) payments. If we determine that you no longer meet the requirements for Social Security or SSI or find that you are overpaid, you have the right to request review ...
A full approval means that the ALJ agrees with you as to the date you became disabled. If you win a full approval (called a fully favorable decision), you will be awarded benefits back to your alleged onset date.
This date is then called your established onset date. If the established onset date is later then the onset date you alleged on your application, the amount of back pay you will receive will be less (although it won't affect your future monthly payments). For more information on how your back payments will be affected, see our article on past due benefits.
If the ALJ denies your claim, you have 60 days to ask the Appeals Council (AC) to review your case. Your appeal must be in writing and, in order to be successful, must demonstrate that the ALJ's decision was not based on substantial evidence.
After you attend a disability appeal hearing and the administrative law judge (ALJ) has heard your case, the judge will send a written opinion (decision) to you. The decision will state whether you were approved or denied, ...
If the judge finds you are not performing SGA, the opinion will proceed to discussion of step two.
When you applied for disability, you provided the SSA with an alleged onset date. This is the date you felt you became disabled due to your condition. But the judge doesn't need to agree with this onset date when awarding you benefits.
I suggest strongly that you contact an attorney who handles Social Security Disability cases. I agree with the other answers here that an appeal may be your better chance. The attorney could review everything and potentially supplement your application to include what needs to be there. Attorney Margolius gave you an excellent and thorough answer.
First, I am concerned about your choice to file a new application rather than appeal. You have 60 days after the Judge's decision to request review. If you believe you have been disabled all along and if the necessary evidence was filed, an appeal may be the more appropriate option for you.
I agree that you really need to consider whether you should be appealing the denial from the ALJ. Keep in mind also that you will most likely get the same ALJ if your new claim proceeds to another hearing. That makes it doubly tough to win these kinds of claims.
If there are any medical statements or evidence about your disability that the ALJ did not consider in the hearing decision (especially any opinions from doctors), then you should send that evidence along with the Form HA-520.
There was no vocational expert (VE) at the hearing. If the ALJ denied you disability benefits on account of there being other work you can do (besides your past work), but there was no VE at your hearing, your case should be remanded to a new hearing so that a VE can be present for questioning.
You do need to be aware that applying over and over irritates some judges--and they all know when you are doing that. It is best to have significantly changed circumstances. Get a different attorney, as your earlier one did not explain all of this to you.
You should always consider reapplying. As you suggest, you probably did not lose the case because of the attorney. You probably lost the case because the judge simply was not persuaded that the medical evidence showed that you were disabled. I always encourage my clients to reapply.
I agree with all 3 of my colleagues. I will add that there are times when another filing of a new application is not legally possible (for either Social Security Disability or SSI), the option of appealing the ALJ denial to the appeals council is an even more important consideration.
You can reapply for SSI benefits the moment that you were denied. In addition, at that time, your attorney could have appealed the Administrative Law Judge's decision. You should request your file from your former attorney, in order to obtain the work, applications, and other events that took place in your case.
You can apply as soon as you'd like. Sounds like your attorney or advocate didn't prepare you for your case well. He should have told you your options when you were denied, which was to pursue your appeal at the Appeals Council level or to start a new application.
I agree with the excellent responses from Ms. Porven and Mr. Pham. I want to add two concerns and one possible suggestion.
If your check is stopped for financial reasons, and you don’t know why, you can contact your caseworker at Social Security and ask if they can help you by explaining why your check stopped or why you were denied. Make sure to let them know you are not requesting a new SSI interview right now, you are just asking them to explain to you the last decision that was made. You want to figure out what the problem is before requesting a new interview.
If SSI ever discontinues or denies your check, and you don’t agree or don’t understand why, you have the right to appeal within 60 days. A regular disability lawyer will not help you with this situation. Your local nonprofit low-income legal aid center may help.
Social Security Disability has some specific rules that make it difficult for married people to apply in certain situations. If someone is telling you that you cannot apply because of your spouse’s income, don’ t give up hope quite yet.
Some people apply for both SSI and SSDI but get turned down for the SSI. They do not realize that when time passes and their life changes, they can apply again. If your situation has changed now, you can apply again at any time. For example, if you got divorced, or separated, or stopped working, or if you had money in the bank that you spent, or any of the many other Things that Can Make an SSI Check Go Up or Down. Depending on how much time has passed, they may just sign you up automatically, or you may be required to start a new application.
If that doesn’t work, don’t give up, you can appeal. If SSI is continuing to make a mistake with your check, contact your Congressperson. They may be able to help.
Some people think Social Security will always send them the correct amount of money and if their life changes their check will just magically adjust to the correct amount. No, no, no. You must make the magic happen. SSI checks will often go up or down because of marriage, divorce, separation, starting working, stopping working, or change in household income.
Your SSI may be affected by your parent’s finances (if you are under age 18) or by your spouses finances ( if you live with your spouse). This is called deeming. There are a few exceptions: How to Avoid Deeming
January 13, 2016. Each year, a large number of claims are denied for SSDI benefits. While there are a variety of reasons for those denials, they can all be traced back to one single thing overall. The applicant did not prove they have an inability to work in meaningful employment due to a medical condition that is going to last for ...
If a claimant’s rated limitations, or their residual functional capacity (as indicated by a form completed by their doctor) does not meet minimum disability standards, they will be denied benefits.
While many people assume that Social Security looks almost exclusively at an applicant’s medical records, expecting them to stand on their own, Social Security will also take a strong and focused look at the applicant’s job history and their ability to work going forward.
If Social Security says you owe a significant amount of money, it's a good idea to contact an experienced disability attorney as soon as you receive your overpayment notice to handle your appeal.
If your waiver request is denied initially, the SSA will arrange a personal conference at your local Social Security field office where you can argue your case to an SSA employee. Social Security should allow you ...
If you receive an overpayment notice from Social Security, you can appeal, request a waiver, offer a compromise, or demand a lengthy repayment plan. Overpayments occur when Social Security pays an individual more disability, retirement, or dependents benefits than he or she was due, often because a one's income, resources, marital status, ...
When Social Security discovers that it has made an overpayment, it sends the beneficiary a Notice of Overpayment stating the amount of improperly paid benefits and instructing the individual to return the excess benefits within 30 days. If you've received a Notice of Overpayment from Social Security, you do have options.
The lack of fault, not the inability to repay benefits, is usually the major stumbling block in obtaining a waiver. The SSA may determine that an overpayment was not your fault in situations such as the following: You reasonably believed that you had reported all required changes in your living situation.
Social Security should allow you to review your claim file at least five days before the conference is held. If the waiver request is still not granted after the personal conference, you may request reconsideration and even an administrative hearing.
If you're still receiving disability benefits, Social Security may agree to reduce your monthly check by as little as 10%, or even less, until your debt is satisfied. Contact your local SSA field office to discuss this option.