If your Social Security disability case has been denied. You need to know how long you have to file your appeal. You only have so much time before your deadline.
If you miss that window of opportunity, you may be back to square one.
So, here is how to make sure you get your appeal in on time! Continue reading How long do I have to appeal my Social Security disability denial?
Did you represent yourself at your Social Security disability hearing? If you were denied, you may find it is difficult to find a lawyer to represent you.
Sadly, this is a common problem. It is much harder to hire an attorney after you been denied.
Continue reading Can’t find lawyer for your Social Security hearing denial?
If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.” You only have 60 + 5 days to get the appeal to the Appeals Council from the date stamped on the judge’s decision (5 days to receive the decision and 60 days to deliver the appeal).
Here are a couple of things to keep in mind about the appeal: Continue reading Denied at hearing? The Social Security Appeals Council EXPLAINED!
One year? Three YEARS! FIVE YEARS! You hear a lot of “information” about how long it takes to get your Social Security disability hearing.
Want some truth? Read on: Continue reading Wait time to Social Security hearing
I hear this one with some frequency. I am meeting with a client and they tell me that someone at Social Security told them that if they want to appeal, they have to wait sixty days before starting a new claim / filing a new application.
So, is it true or not? Continue reading Social Security denial: do you have to wait 60 days to reapply?
I am often asked:
I got an informal denial. What is that?
An informal denial typically means that Social Security is denying you because you may not be eligible for disability benefits. This is different from being denied because you are not disabled.
You may be disabled, but if you are not eligible for any type of Social Security benefits, you may be denied through an informal denial.
For example: you, your spouse, or your household makes too much money or has too many assets. This results is a financial denial. This sometimes happens in Supplemental Security Income (SSI) cases where, in addition to being disabled (unable to engage in a Substantial Gainful Activity, e.g. full time work), you also have to prove financial eligibility.
Another possibility is that you have not worked long enough (and earned enough quarters of coverage) to qualify for benefits, or you do not have quarters of coverage within the right time period to qualify for benefits.
In both examples the problem is eligibility: Social Security does not think you can even get your foot in the door.
The flip-side of this, is that Social Security is not even considering whether you are medically disabled. They are not even getting to that step of the analysis.
If you disagree with the informal decision, the general recourse is to request a formal decision. The informal decision will tell you exactly how to do this, for example, by completing the application process or submitting a form.
Since Social Security is denying your case very early on in the review process, you may want to review your case with an attorney to see if there is a significant problem with your eligibility. If so, the lawyer may be able to direct you in how to get over this hurdle.
If you have been reading this site, you already know the quick and dirty rule for winning Social Security disability. You have to show that you can’t do some type of full-time work. This is a simplification of the Social Security disability standard, but it is sufficient for this article. You think you have the evidence to prove that? If you just have your medical records, I’ll bet you don’t! Continue reading You won’t win Social Security disability without this!
Social Security denied my disability benefits. Should I appeal or reapply?
While every case is different, based on my experiences handling Social Security disability cases in Colorado, I find there is definitely a clear choice! Continue reading Social Security denial: should you appeal or reapply?
DisabilityAppeal.com has a interesting article on the importance of requesting the hearing tape if you are denied at hearing.
In many instances, once the tapes are obtained and listened to, parts of the record will be inaudible. And in a lot of cases [Social Security] can’t produce the tapes at all because they have been purportedly lost (usually when an ALJ said something during the disability benefits hearing that may reflect poorly upon him). An incomplete or missing record, when noted in a legal brief sent to the Appeals Council … results in an almost automatic sending of the case back for a new hearing.
Continue reading Social Security hearing denial? Request the recording!
Clients often tell me that you have to be denied two or three times before Social Security will approve your case. I am not sure how these rumors get started but unfortunately, this belief often causes people to take what may be the wrong action in their case.
True or False? Continue reading Do you have to be denied twice to get Social Security disability?