Disability Denial

Many people who apply for Social Security Disability and Supplemental Security Income are denied benefits at the initial application level. This could be for any number of reasons. Typically, however, claimants are told that the �evidence shows� one or more of the following, and they are therefore not disabled under the Social Security�s rules:

1. You have been treated and evaluated for the above condition(s).

2. You have enough energy to do many activities and tasks.

3. You have the ability to stand and walk without assistance.

4. You have the ability to use your hands and arms to perform tasks.

5. The pain caused by your condition is not severe enough to keep you from doing your basic activities.

6. You condition has responded to treatment.

7. Your depression and anxiety do not severely affect your thinking abilities.

8. You are able to understand, remember, and carry out daily activities.

9. You are able to get along with other people for short periods of time.

10. In combination, your impairments are not severe enough to be disabling.

These reasons may or may not be true. Even if they are true, they do not typically accurately describe a person�s disabilities. If this is the case, those persons should appeal. Claimants have 60 days from the date of their denial letter to file an appeal.

The first appeal is called a Request for Reconsideration. At this stage, a claimant�s file is given to a different disability examiner, who works with a physician to evaluate the claim. Claims can be appealed by mail or online. Either way, a claimant must file a �Disability Report � Appeal� with the Request for Reconsideration. The �Disability Report � Appeal� asks for any changes since the Disability Report � Adult was completed.

Claimants who receive a second denial notice also should appeal if they feel their case is warranted. The appeal at this stage is called a Request for Hearing. Claimants also have 60 days from the date of their denial letter to file the appeal.

At the hearing stage, the matter is assigned to an Administrative Law Judge. The claimant can appear before the judge and bring any witnesses to testify on the claimant�s behalf. Claimants often have success at this stage because they are able to explain their disabilities in person to a judge.

Most disability claims are denied at the initial application and the initial appeal levels. Claimants should appeal if they are truly not able to work.

Steve Fields is author of this article on Minnesota disability benefits. Find more information about Minnesota ssdi benefits here.