Social Security uses a sequential step-by-step process to determine whether you are disabled and can receive a disability check. The following are steps at which a denial may be issued.
STEP 1 DENIAL - The claimant is currently engaged in substantial gainful activity and is, therefore, not eligible for benefits. This is defined as earning gross wages or self-employment income of at least $1,170 per month (the 2017 number).
STEP 2 DENIAL - There is no medical evidence of a severe medical impairment expected to last for at least 12 consecutive months OR to end in death.
STEP 4: The claimant is determined to be able to perform past relevant work. This work is defined as any job the claimant performed at substantial gainful activity level within the 15 year period prior to applying for disability. It does not necessarily refer to the claimant's most recent job.
STEP 5 - The claimant cannot perform any of his or her past relevant work; however, he or she can perform other work which exists in the national economy. The only requirement for a denial is that (a) the work exists in substantial numbers in the national economy and (b) the claimant is able to perform the work based on age, education and residual functional capacity. It does not matter if
If you are denied by an administrative law judge following a hearing, the correct response is an appeal to the Appeals Council, a group of administrative law judges in Falls Church, Virginia. The deadline for this appeal is also 60 days.
Relatively few disability claims get approved without an appeal. Over the past 10 year period, the approval rates were less than 3 out of 10 on average. With an appeal, the approval rates climb to more like 45 percent on average. However, approval rates vary from hearing office to hearing office and from judge to judge within a hearing office.
The bottom line is: Don't just accept a denial and quit. Appeal immediately and move to a venue where your odds may be better. At least you will get a new review. The motto that hangs on my wall?
DON'T DELAY. APPEAL TODAY.
DON'T DELAY - APPEAL TODAY
STEP 1 DENIAL - The claimant is currently engaged in substantial gainful activity and is, therefore, not eligible for benefits. This is defined as earning gross wages or self-employment income of at least $1,170 per month (the 2017 number).
STEP 2 DENIAL - There is no medical evidence of a severe medical impairment expected to last for at least 12 consecutive months OR to end in death.
STEP 4: The claimant is determined to be able to perform past relevant work. This work is defined as any job the claimant performed at substantial gainful activity level within the 15 year period prior to applying for disability. It does not necessarily refer to the claimant's most recent job.
STEP 5 - The claimant cannot perform any of his or her past relevant work; however, he or she can perform other work which exists in the national economy. The only requirement for a denial is that (a) the work exists in substantial numbers in the national economy and (b) the claimant is able to perform the work based on age, education and residual functional capacity. It does not matter if
- the claimant cannot find one of these jobs
- no one will hire him or her for one of these jobs
- there are no openings in the state the claimant lives in
- they are minimum wages jobs and don't pay enough
- the claimant would never want to do this type of work
- the claimant has been told he is too old to learn new work
If you are denied by an administrative law judge following a hearing, the correct response is an appeal to the Appeals Council, a group of administrative law judges in Falls Church, Virginia. The deadline for this appeal is also 60 days.
Relatively few disability claims get approved without an appeal. Over the past 10 year period, the approval rates were less than 3 out of 10 on average. With an appeal, the approval rates climb to more like 45 percent on average. However, approval rates vary from hearing office to hearing office and from judge to judge within a hearing office.
The bottom line is: Don't just accept a denial and quit. Appeal immediately and move to a venue where your odds may be better. At least you will get a new review. The motto that hangs on my wall?
DON'T DELAY. APPEAL TODAY.
DON'T DELAY - APPEAL TODAY
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