Disability Claims

Understanding The Permament Disability Claims Process

Posted by on Jun 17, 2016 in Disability Claims | 0 comments

While employers will ensure the safety of their workers, accidents can still happen in the workplace. According to the website of Scudder & Hedrick, PLC, severe accidents can cause life long life complications such as permanent disability. If your injury or illness caused permanent disability, you could be entitled to receive disability benefits. Getting disabled may cause you to lose income and this is where your disability benefits will come in.

But getting the benefits will not be that easy. According to the website of Chris Mayo Law, applying for the benefits can take months especially if the first application was denied. From the millions of applications received by the Social Security Administration (SSA), only 3 out of 10 are approved at the first stage of application. The remaining 70 percent will have to appeal their application or may have to go through the five stages of application which is as follows:

The Initial Application

Here the applicant submits their application to the SSA together with the medical evidence and supporting documents. The initial stage can last from 90 to 120 days and only 30 percent of the applications will be approved.

Reconsideration

For applications that were denied in the initial stage, they have 60 days to appeal their application. In the reconsideration stage, the denied application will be reviewed once again by the SSA. The appeal will take around 3 to 5 months and the approval percentage will go down to just less than 15 percent.

Hearing

If the appeal is rejected for a second time, you will be given 60 days from the date your request was denied to ask the SSA for a hearing. Your claim will then undergo an examination by an administrative law judge who will then review and either approve, sent for review, or deny your claim. This stage may take up to a couple of years to complete. In the hearing stage, the approval rating goes up to 63 percent.

Appeals Council

If you disagree with the decision of the judge during the hearing stage, you can take your claim to the Appeals Council. The review of your case will take between six to twelve months and the chances of approval of your claim is less than 2 percent.

Federal District court

If your claim was once again denied by the Appeals Council, you can escalate it to the Federal District Court. They can then either approve, deny, or send your claim back to the SSA for further review.

For approved claims, it will be subjected to “diary review dates” on a period of 1, 3, and 7 years depending on the condition of disability and the likelihood of improvement. Usually, you will just have to show that the claimant is still suffering from the impairment.

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