Thursday, October 30, 2014

Four Common Issues of Social Security Disability Cases

Employment seems like a moderately sure thing, until it isn't. For some people, it's a developing or sudden condition or a debilitating injury that cuts into job performance. Tasks once easy to do become a challenge, while for others, arriving late on certain days because of a flare-up results in termination.

Social security disability benefits, or SSDI for short, may prove to be the life preserver needed, but filing has several challenges. If you plan to file for SSDI, either alone or with a lawyer, claimants frequently face the following issues.

1. Multiple Denials

It's now considered common knowledge that most filing for social security disability benefits the first time get rejected. However, depending upon the evidence provided, a claimant may be rejected multiple times. Working with a social security disability lawyer is said to improve the outcome somewhat.

Nevertheless, claims have perpetuated up to the federal court level. At this point, a federal judge either awards or denies benefits, or may send the claim back to a lesser court.

2. The Process Takes On Average a Year

Reviewing a claim takes the Social Security Administration (SSA) three to four months on average. Then, the claimant has 60 days to file for reconsideration. From this point, the SSA may take anywhere from four to six months to review the application and put together a reply.

If a claim is denied again, the claimant essentially repeats the process all over again. On average, anyone applying for benefits needs to expect the case to take at least a year, although claims may take longer.

3. The Issue of Working

Working as you file for SSDI becomes one of those issues in which a claimant wonders, "Will this influence the outcome of my claim?"

Quitting a job or hiding work activity because of a disability or injury, however, is considered questionable. In fact, it's recommended instead that the claimant continue some kind of employment while filing for SSDI.

On the other hand, claims may be rejected because the SSA believes a claimant has "transferrable" skills and, therefore, can find similar employment. In these instances, the claimant and any social security disability lawyer must prove he or she cannot work in a similar position.

4. Backlog

Backlog of claims increasingly affects the SSA. As a result, a claimant may find replies and scheduling hearings take longer, more evidence may be requested, or the organization may be more likely to reject a claim.

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