Boston Social Security Disability Law Blog

Even though more workers have applied for Social Security Disability benefits in recent years, the majority of those who apply for disability benefits are initially denied. About two-thirds of those who apply for Social Security Disability are initially denied by the Social Security Administration. Often, those who are initially denied reapply through the appeal process. This post will cover some common mistakes applicants make after SSDI is initially denied.

Often, applicants who are initially denied disability benefits do not try to appeal the initial decision. Even though the process is difficult applicants should not immediately give up.

When it comes time to file an appeal to an initial denial of benefits, many people miss the specific appeal deadline and instead reapply according to the initial application timeline. The appeals process allows applicants more opportunities to supplement their file. Similarly, applicants who are initially denied do not provide enough information. Claimants commonly do not provide enough details about doctors and the effects their medical condition has on their ability to work.

Applicants who are initially denied should also be sure to update their files with the Disability Determination Services. Disability Determination Services are state agencies that make disability determinations. Applicants should continue to send information on doctors' visits, visits to hospitals, medical tests and other health-related information. Claimants should also be sure to keep copies of any records, forms and applications related to the Social Security Disability application and appeal process. A paper trail is especially helpful if an examiner asks for previously submitted information.

Military service members like other people in Massachusetts can receive Social Security Disability benefits. Uniquely, military service members go through an expedited application process when they apply for disability benefits. The benefits are separate from benefits received from the Department of Veterans Affairs and therefore require an independent application with the Social Security Administration.

A military service member can receive Social Security Disability benefits if she or he has worked for a requisite number of years and paid Social Security taxes. If a military service member qualifies for disability benefits, certain members of the service member's family may also receive benefits. Military service members like those who have not served must meet the Social Security Administration's definition of disability.

In order to be found disabled, a military service member must be unable to do substantial work because of a medical condition. In addition, the medical condition must have lasted or be expected to continue for at least one year. Unfortunately, Social Security Disability does not provide benefits for short-term disability. Service members may also want to know how military pay affects eligibility.

Military pay alone does not prevent the award of Social Security disability benefits, and according to the Social Security Administration's website, the receipt of military pay should not stop a service member from applying for disability benefits. The work activity a service member is engaged in is the determining factor regarding eligibility and military pay.

There are thousands of Social Security Disability applicants who are waiting to have their cases heard by administrative law judges. These applicants in Massachusetts and other states are likely to have had their initial application denied and are appealing the denial of disability benefits. Unfortunately, there are a significant number of terminally ill applicants whose applications are a part of the backlog. Tragically, terminally ill patients sometimes die before they receive disability benefits.

Rising unemployment and an aging population have contributed to a steep rise in disability benefits applications. In 2011, around 3.3 million people applied for Social Security Disability. According to government statistics, there were about 771,318 people who were waiting to have their appeals cases heard by administrative law judges.

To address the backlog, the Social Security Administration created and expanded a program that allows the cases of people with certain disabilities and diseases to be reviewed more quickly. Examples of diseases that allow for hurried review are pancreatic cancer and leukemia. Unfortunately, a significant number of applicants with terminal illnesses die before their cases are heard on appeal. Since 2005, around 15,000 applicants have died while they waited for their disability benefits case to be reviewed.

Recently, the Social Security Administration initiated an independent review of the Social Security Disability program. The independent review of the Social Security Disability program will look at how the program awards benefits to applicants. For people in Massachusetts who are not able to work, the review may lead to a fairer system.

When a Social Security Disability application has been denied twice and an applicant seeks an appeal, an administrative law judge reviews the appeal. Administrative law judges work for the Social Security Administration, and during an appeal they are generally given wide discretion to decide a case. Earlier this year, an investigation by The Wall Street Journal revealed a significant discrepancy regarding the approval rates for appeals cases among some administrative law judges.

The average approval rate for Social Security Disability cases that are appealed is 60 percent. Some administrative law judges approve Social Security Disability cases greatly above or below the average. One judge in Houston, Texas only approved 13 percent of his cases over the last year, and one judge in Tennessee awarded benefits in practically all of the cases that came before him. In cases that should have been approved, the applicant who lost the appeal directly suffers. In cases that were approved but should not have been, the decisions move awards away from those who need assistance. The independent review seeks to resolve those issues.