Articles Tagged with SSDI Appeals

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Hunter v. Social Security Administration, Commissioner, a case from the United States Court of Appeals for the Eleventh Circuit, involves a claimant who filed two applications for disability benefits with the United States Social Security Admiration (SSA). Two different administration law judges (ALJs) held hearings on the respective applications.

1034029_medicine_2Claimant filed her first application in February 2012. The judge found she was not disabled during the period of disability. At this point she filed an appeal with the district court so that could review ALJ’s denial of her first application. During the pendency of this appeal, she filed another claim for disability benefits with SSA. While it may seem odd that she would file a second claim while her appeal was still pending, it is important to understand how desperate a disabled person is for Social Security Disability Insurance (SSDI) benefits in order to pay bills and make ends meet. Continue reading

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Dominguez v. Colvin, a case from the United States Court of Appeals for the Ninth Circuit, involved a plaintiff who applied for Social Security Disability Insurance (SSDI), and the United States Social Security Administration (SSA) denied her claim.

1033916_medical_instruments_3On her initial application for Social Security disability benefits, plaintiff stated she was disabled because she suffered from agoraphobia, gastroparesis, back pain, morbid obesity, dementia, and carpal tunnel syndrome (CTS). Her application was denied on a finding that she was not in fact disabled. Continue reading

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Hill v. Colvin, a case from the United States Court of Appeals for the Seventh Circuit, deals with appeals from a Social security Disability Insurance (SSDI) denial of benefits at a hearing before an administrative law judge.

1078874_word_work_on_the_dicesThe claimant, who was 56 years old at the time of the appeal, worked for more than a dozen years at a steel factory. She was responsible for lifting and transporting steel sheets that were extremely heavy. According to court records, some of the steel sheets weighed as much as 100 pounds. Continue reading

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When a claimant applies for Social Security disability benefits, it can be a somewhat lengthy process. The first step in the process is to submit an application for Social Security Disability Insurance (SSDI) benefits, or Supplemental Security Income (SSI) benefits. Regardless of the type of benefits applied for, you submit the application to the United States Social Security Administration (SSA), as that is the federal governmental organization responsible for administering the Social Security disability programs. SSA also administers the Social Security Old Age and Retirement fund, with which most people are familiar.

flip-calendar-1-1281977-mOnce you submit the application, there is a good chance SSA will deny it, because they deny more than half of all applications without much regard to the merits of the application. Once an application has been rejected, claimant can submit it for reconsideration. This first appeal is typically done as a part of a peer review process, and it is a coworker of the employee who made the initial denial that is responsible for evaluating whether the denial was warranted or not. As one could imagine, it is not very likely that a denied application will be approved at this stage in the process.   Eventually, a claim will be given a hearing before an administrative law judge (ALJ). Continue reading

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In, Morgan, Jr. v. Colvin, a case from the United States Court of Appeals for the Fifth Circuit, claimant applied for both Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits. Claimant became disabled after he suffered a serious injury. He was working as an auto glass technician and was replacing a window on a semi tractor-trailer cab when he fell off and hit the ground. When he fell, he injured his back, shoulder and legs and was unable to work.

When he applied for disability benefits, the United States Social Security Administration (SSA) denied his application for benefits. SSA is the federal agency that runs disability programs. Following his initial denial, he requested a hearing before an administrative law judge (ALJ). An ALJ is supposed to be an independent judge who hears both sides of the case and decides if claimant is disabled. However, since SSA employs all ALJs, and they have offices at SSA facilities, it is not surprising that more often than not, they side with SSA and deny benefits. Continue reading

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According to a recent news article from Mother Jones, the United States Affordable Care ACT (ACA), more commonly referred to as Obamacare, may be able to offer assistance to those struggling with the Social Security Disability Insurance (SSDI) benefits application process.

673854_doctor_patient_relationshipOne man interviewed for the news feature was diagnosed with a very rare medical condition that was also very expensive to treat.   He had just lost his job and knew that it was not worth looking for another one, because, with his medical condition, he would not be able work enough hours at a low paying job to come anywhere close to being able to support himself. Instead, he decided it would be better to apply for Social Security Disability Insurance benefits. Continue reading

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More and more Americans with disabilities are striving to overcome their disabilities and show the world that they can do anything they want.   As we find ourselves in National Disability Employment Awareness month, the idea of people being able to work despite their disability becomes a major focus.

1078874_word_work_on_the_dicesA recent article from Logan Daily News looks at how this fight to overcome disabilities works in relation to the Social Security Disability Insurance (SSDI) benefits program. First, the article discusses one major misconception the general public and politicians have about those who are receiving disability benefits. This misconception is that people who collect disability benefits from Social Security have never worked a day in their lives and choose to sit at home collecting benefits instead of working. Continue reading

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Applying for Social Security Disability Insurance (SSDI) benefits can be a long and daunting process. The reason for this is because the system is basically set up in a way that is designed to reject more than half of applicants, and, in many of these rejections, there is little relation to the merits of the claim.

609764_playing_it_safeA recent article from The Global Dispatch looks at some common mistakes when filing for Social Security Disability and some tips for how to avoid making these mistakes. One of the first tings you can do to avoid making mistakes is be prepared.  Continue reading

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As you have probably heard by now, we are left waiting to see if we see another government shutdown, as we saw in 2013. Many people do not realize the effect a government shutdown will actually have on the American people.

1078874_word_work_on_the_dicesFirst of all, it should be noted that the federal government is not legally allowed to spend any money that has not been appropriated by Congress. What this means is that employees will not be allowed to work during a shutdown, with hopes of being paid later under most situations. This means it is actually illegal for most employees to work during a government shutdown. Continue reading

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There have been many articles in the past year about how the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program will run out of money in late 2016. This does not mean the funding will run out entirely, but there will only be enough money to fund 80 percent of all benefits claims. In other words, if something isn’t done soon, anyone receiving a benefits award will have their check cut by around 20 percent. This is estimated to be around 10 million Americans who will be hurt if something isn’t done soon.

writing-a-check-2-701013-mIn the past, Congress would just allocate money from the Social Security old age and retirement fund and use it to fund the disability benefits fund. The reason this was possible is because the money withheld from your paycheck to pay for Social Security goes into two separate funds. While the United States Social Security Administration runs both funds, since they are designed for different purposes, the money must be used for its respective purpose. However, in the past, Congress could easily reallocate money.   Not only is this possible, it would be rather painless, since the retirement fund has full funding until the year 2034. If one year of funding was taken from the retirement fund, meaning it would only be funded until 2033, that would be enough money to fund the Social Security Disability Insurance program for the next dozen or so years. Continue reading

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