Should I File An Appeal Or File An Entirely New SSD Application?
If your disability claim has been turned down for any reason, that does not mean that you don’t have a legitimate claim or that you can’t win. Your best chance is to keep the claim active through the appeals process, presenting any new evidence that you may have obtained, preferably with the help of a Social Security Disability lawyer. Don’t give up several months’ worth of back pay when it’s more likely to result in approval when you go through the full process.
How Long Does It Take To Hear Back On A SSD Decision?
On average, a decision for an initial disability claim takes three to four months, and a reconsideration (the first level of appeal) takes about as long, though a case could be decided sooner or later than that.
About half of all disability claimants proceed to an appeal hearing in front of an ALJ. These cases take much longer, because a hearing has to be scheduled, which often takes up to 18 months in some parts of the country. Ultimately, this depends on the number of cases pending at the hearing office, and how many judges work in the office, which varies considerably by geographic area.
Can I Get Both Workers’ Compensation And Social Security Disability Benefits?
The short answer is yes, you can receive both Workers Compensation and Social Security Disability Insurance (SSDI) benefits if you qualify for both workers compensation and disability. They are separate programs. SSDI, which is run by the Social Security Administration (SSA), is federal program. Workers Compensation programs are run by your home state. Most of the time, Workers’ Compensation is designed to be temporary, affording employees who have been hurt on the job a period of continuing income while they heal or wait for acceptance for SSDI benefits.
The one effect which collecting Workers’ Compensation does have on SSDI is that the total income you receive from Workers’ Compensation and SSDI cannot be more than 80% of your previous income. If the money you are receiving from Workers’ Compensation and the money you are entitled to through SSDI are greater than 80% of your prior income, the SSA will deduct enough money from your SSDI entitlement to bring your total under 80%. If your Workers’ Compensation runs out while you are still collecting SSDI, notify the SSA and they will adjust your SSDI benefits appropriately.
Do You Have To Be Permanently Disabled To Get Social Security Disability Benefits?
Your injury or illness does not need to be permanent to get SSDI or SSI benefits. While many people who are approved for disability benefits continue to receive them until retirement age (at which time they can collect retirement benefits), there are some individuals whose conditions improve enough so that they can go back to work.
I Have Several Health Problems But None Of Them Disables Me. It Is The Combination That Disables Me. Can I Get Social Security Disability Benefits?
SS will review the combination of impairments that a person suffers in determining disability. It is the combined effects of all the health problems that is considered.
Who Can Help Me Both Apply For Benefits And To Continue My Case if I Am Denied?
Having an experienced attorney working with you during the entire process not only ensures your paperwork is in order and filed timely and in the correct form, it greatly enhances your chance of success, particularly at the Hearings level.
For more information on Appeals And New SSD Applications Throughout the North West, a FREE Initial consultation is your next best step. Get the information and legal answers you are seeking by calling (503) 868-4748 today.
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