Loading...
You are here:  Home  >  Appeals  >  Current Article

I was denied Social Security Disability. What can I do?

By   /   46 Comments

Learn about the Social Security appeals process to follow when you have been denied Social Security Disability and how an attorney can help your appeal.

denied-social-security-disability

Watch the Video: "I was denied Social Security Disability. What can I do?"

The Three Levels of the Social Security Appeals Process

It can be frustrating and disappointing when you are denied Social Security Disability, but a denial does not have to be the end of the story. You can appeal the adverse decision. In fact, you can appeal three times within the Social Security system. The three levels of appeal within Social Security’s system are reconsideration, hearing, and Appeals Council review. You could be approved at any of these appeals. However, if you are not, you still have the legal right to pursue your claim in Federal court.

Expert Legal Assistance for your Social Security Appeal

If you did not have a Social Security lawyer help you with your initial claim and you have been denied, now is a good time to hire an attorney who is experienced in Social Security Disability to help you determine what is necessary for a successful appeal. For more information on how a Social Security lawyer can help you appeal, please see our articles “How Can a Social Security Disability Lawyer Help Me Get Social Security Benefits?” and “Do I Really Have to Hire a Lawyer for My Social Security Disability Claim?”

Reasons for a Social Security Disability Denial

If you are indeed disabled according to Social Security rules, your claim could have been denied for any number of reasons. For example, perhaps you forgot to include or didn’t know to include some aspect of your medical history. Or, maybe your doctor’s report didn’t address everything Social Security needed to fully understand your condition. In these cases, having an expert representative review your claim can help you identify the additional information that you or your doctor needs to submit.

Payment Continuation During Appeal

If the Social Security Administration has notified you that your Social Security Disability benefits are being terminated because they have found that you are no longer medically disabled, you can have your benefit payments continued while the appeal is decided. To get payment continuation, you must appeal and request payment continuation within ten days of receiving the termination notice. One thing to consider when deciding to request continued benefits is that, if the claim-closure decision is upheld, you may have to repay the continued benefits.

Social Security Request for Reconsideration

The first level of appeal is a reconsideration. At this level, your claim file, your statement of why you disagree with the denial and any new evidence that you submit with your appeal will be reviewed by claims examiners and physicians who were not involved in reviewing your claim the first time. If they now find that you meet the requirements for disability, your claim will be approved. For more information about reconsiderations, visit our article “What Is a Social Security Request for Reconsideration?”

Social Security Disability Hearings

If you are denied a second time, you can appeal again, this time requesting a hearing. Once you file the hearing request, it typically takes about fifteen months to get your hearing scheduled.
Hearings are usually held in person within seventy-five miles of your home, but, in some circumstances they may be held by video conferencing. At a hearing you, or you and your attorney, will present your case to an Administrative Law Judge, sometimes referred to as an “ALJ.” You can submit affidavits and call witnesses at the hearing. Sometimes the ALJ will ask a medical or vocational expert to testify, and you or your attorney will have the opportunity to question these experts. For more information about Social Security Disability hearings, please see the several articles we offer on hearings, starting with our article “What Is a Social Security Disability Hearing, and What Can I Expect When I Request a Disability Hearing?”

Social Security Appeals Council Reviews

If your claim is denied at the hearing, you can request an Appeals Council Review of the Administrative Law Judge’s decision. See our article “What Is a Social Security Appeals Council Review, and What Can I Do If the Appeals Council Denies My Claim?” for more information about Appeals Council Reviews.

Federal Law Suit

Finally, if the Appeals Council Review does not result in an approval, you have the right to file suit in Federal court.

This can all sound a bit discouraging, but keep in mind that a significant number of people who have been denied Social Security Disability are approved at one of the levels of appeal. So, if you believe you are disabled, it is worth your time and patience to appeal.

    Print       Email

46 Comments

  1. Latoya Pope says:

    Hello I’ve been denied my Social security Social security told me to go to my doctor for a statement or more stateing that I’m competent of handling my own money but they keep giving me the runaround I need help.

    • Kay Derochie says:

      Dear Latoya,

      Apologies for the late response. Our site has had a software problem that is now resolved.

      To help me respond to you, please clarify the following: Are you saying that you have been approved, but someone else is receiving your benefits for you? Did you get the letter from your doctor? Who is giving you the run around, the doctor or Social Security, and what do you mean by runaround?

      Best regards,

      Kay

  2. Amy says:

    Hello there,
    I had applied back 12/16/2011 so SSI/SSDI. Was denied 3 times. Had my hearing before a judge. Was approved with a partially favorable decision. That I would receive benefits for a 9/23/2011 to 1/31/2013. Going forward due to some improvement in psych. Although my health problems persist. Then I recieved my notice of award. It’s not partially favorable. I am getting monthly benefits plus Medicare coverage.
    Is this a mistake? It said that it goes through another review after the judge. Can it be changed?
    This is confusing.
    Thanks for your thoughts,
    Amy

    • Kay Derochie says:

      Dear Amy,

      Apologies for the delayed response. Our website has had a software problem, which is now resolved.

      You are right to question the discrepancy! The second notification may indeed be in error. I recommend that you not spend any money received for months after January 2013 and not use the Medicare card until you can get clarification. I suggest visiting a local office with the judge’s letter because it truly sounds as if you were accidentally set up for ongoing payments when you were eligible only for a closed period of disability.

      Sincerely,

      Kay

  3. Crystal T says:

    Hello my mom was denied the paper says “Not worked long enough under Social Security.”
    She worked in 1983-1989, 1996-7, 2004-7.
    We talked to a woman at the department she said that mom has to have worked 10 consecutive years to be eligible? Mom says there are reasons why she did not work consistently does her reasons mater or they only look at those who work consistently?

    • Kay Derochie says:

      Dear Crystal,

      Unfortunately, the reasons for not working do not matter. A certain amount of work credits are required to be insured for Social Security Disability (SSD). For a person over age thirty-one part of those work credits have to be in the ten years immediately before becoming disabled. Specifically, your mother has to have twenty credits in those ten years. This equates to working half the time in those ten years. If her income and assets are within the limits, she might qualify for Supplemental Security Income (SSI) disability,which does not require work credits for U.S. citizens. Social Security usually screens for the SSI program when a Social Security claim is filed. If your mother is unsure, contact Social Security to see if she has an SSI claim pending a medical decision.

      Sincerely,

      Kay

  4. Rey says:

    I was denied ssdi because I was told I did not have enough credits, I have been in the military since 2000 when I turned 17 on my app I put my injury started in 2013. The VA has rated me at 100% permanent and total. I only know I was denied because I called the representative to ask and she informed me I hadn’t worked long enough, at that point she had me apply for sis and I was denied because I have too many assets. My plan is when I get out if the military and move to a different state I’m going to hire a lawyer and re-open my case. Know the I am finished and all of my injuries are worded much better in my va letter I hope that will help. What would I do if I’m denied again I can’t work so what do I do?

    • Rey says:

      Also I never recieved a letter for ssdi however I did recieve a denial letter for SSI.

      • Kay Derochie says:

        Dear Rey,

        Please see my response of a few minutes ago to your first message. If you did not receive a denial letter, then your appeal period should be sixty days from the date that you found out verbally that you did not have enough work credits. In your appeal, you would want to state that you did not get a denial letter and explain how you found out you were denied and on what date.

        Sincerely,

        Kay

        • Rey says:

          Kay,

          It turns out that the not enough credits for SSDI was an erroneous code and the SSA sent my info back to the DDS. Today I got a letter in the mail from the Disability Determination Services requesting me to sign medical disclosure forms which I already had turned into SSA. So I called the DDS and they told me don’t worry about sending the forms because they made a decision already today. I think this looks promising as if they were gonna deny me you would think they wanted all my medical records. What do you think?

          • Kay Derochie says:

            Dear Rey,

            There is no way of knowing whether the decision was an approval or a denial. If you are denied and disagree with the decision, be sure to appeal within sixty days of the date of the letter. It is usually best to have an attorney for the first appeal to hopefully avoid having to go to a second appeal and wait a long time for a hearing.You can obtain an excellent Social Security attorney by calling Disability Advisor at 1-888-393-1010. You do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from your retroactive award at the time they send your back pay to you. So, it’s all very easy and risk-free.

            Sincerely,

            Kay

    • Kay Derochie says:

      Dear Rey,

      If you were receiving VA benefits, your SSI denial for excess income is probably correct.

      It sounds as if your Social Security (SSD) claim was not reviewed medically because it was determined you did not meet the non-medical requirements. I suggest that before your SSD appeals period is up that you make an appointment with the Social Security Administration and have them show you the working earnings record on which they were making the decision that you are not insured. Check their records agaisnt your own records (W-2 forms) and be sure that they counted all your earnings. Also ask them the last date you were insured (if at some point you were) and how many quarters they calculate you needed on the date you became disabled. If they did not count all your earnings and you are in the appeals period, you could go ahead and appeal now, submitting proof of the missing earnings.

      To be insured, you needed one quarter of coverage for every year beginning the year after you turned 21 though the year before you became disabled. Based on the information you provided, it appears you needed approximately 8 quarters of coverage to be fully insured and 4 or 5of those after you turned age 21. (Exact amounts depend on exact dates involved.) Up to four quarters canbe earned in one year. One quarter of coverage is equal to the following amounts.
      2001 830
      2002 870
      2003 890
      2004 900
      2005 920
      2006 970
      2007 1,000
      2008 $1,050
      2009 1,090
      2010 1,120
      2011 1,120
      2012 1,130
      2013 1,160

      Sincerely,

      Kay

  5. Kristina says:

    Hello. I’m 25 years old.

    I had to quit my job July of last year because it was steadily becoming too much for me. I applied for disability shortly after. I’ve been struggling with severe depression and anxiety for about 12 years, vocal dysphonia for 7, and benign positional vertigo for about 5. The dysphonia is made worse by stress, which seems like it’s everywhere with depression and anxiety. At work, because of the way my voice sounds, people refused to believe I wasn’t sick unless I divulged my personal medical condition to each stranger I interacted with each day. If I didn’t, people would do such things as refuse to touch things I had handled. My supervisor nervously spoke to me about complaints and questions being lodged about me, as though I was supposed to do something differently! I was having panic attacks while doing patrols at night.

    I’ve been trying to find work of some kind despite this, on and off again, because my husband and I simply cannot meet our financial obligations on a single income. While searching, I have had potential employers ask if I’m sick, if I’m crying, if I’m alright, been told I’m too quiet/unenthusiastic despite smiling/being agreeable until my face breaks, and even been hung up on by someone who refused to believe that I hadn’t just been woken by the phone at 3:30 in the afternoon – and thus was still groggy and unable to take her seriously.

    I’m unsure what to do about my disability claim. I believe my caseworker only heard half of what I said most of the time and just unconcernedly went with whatever she got. I was sent to a psychologist to be evaluated for my depression and for whatever reason, the positional vertigo (a purely physical issue) as well. The psychologist asked questions that completely failed to address how my depression affects my ability to function, gave me approximately 5 to 10 seconds to respond to her questions before she began speaking over the top of me – right around the time I began to touch upon HOW MY DEPRESSION ACTUALLY AFFECTS MY ABILITY TO FUNCTION, and when asking about the positional vertigo (again, WHAT is she to be assessing that?), made an extremely snide, unprofessional, out-of-line comment about how I “seem to have all of these conditions where a source can’t be found.” My original treatment provider for my psychiatric issues died in the middle of treatment, and my most recent failed to return Social Security’s calls. AT 3:30 PM on the 8th, I gave my caseworker the contact information for someone I saw between these two, and was told she would try getting in contact with him next – but my denial notice was typed up and sent out on the 9th. On top of all this, the notice states that I filed for disability because of depression and benign positional vertigo – despite the primary reason I filed the danged thing being my vocal problem. What the heck is this?

    • Kay Derochie says:

      Dear Kristina,

      You have multiple medical conditions, which makes your claim complex. When you appeal, I recommend that you write up a statement similar to your comment here, which goes into detail about the problems that your voice has posed on the job and in trying to get a job. Because of your mutliple conditions, I suggest that you get legal assistance with your claim. You can obtain an excellent Social Security attorney by calling Disability Advisor at 1-888-393-1010. You do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from your retroactive award at the time they send your back pay to you. So, it’s all very easy and risk-free.

      Because it is not certain that you will be approved (you must be disabled from all occupations), it might be wise to continue to look for work at the same time. Perhaps occupations that do not require much verbal communication, such as production work, would be a fit. You might also get in touch with agencies like Goodwill that help people with limitations find work. They will understand and may have some good suggestions and/or job leads.

      Sincerely,

      Kay

  6. Joseph says:

    I have a VERY SIGNIFICANT QUESTION:

    I haven’t worked for over 4 years and My parents have been fighting for me to receive my social security benefits since 1992 when i was just a kid. I was denied even tho there were progress reports, OFFICIAL PROGRESS REPORT that PROVED that i have poor speech development…poor communication skills and poor comprehension.

    I also had bronchial asthma which was also on the record.

    I no longer struggling with those conditions but is it’s still possible for me to receive my benefits FROM WHAT THE OWE ME SINCE MY PARENT HAVE APPLIED??

    I currently have skin condition but since I don’t have a job with benefits, not medical insurance I CAN’T PROVE THAT I HAVE ON RECORD SKIN CONDITIONS!

    Please respond…these are desperate times!!!

    • Kay Derochie says:

      Dear Joseph,

      To be eligible for Social Security or SSI disability, you must be unable to work in any occupation. Having medical conditions or mental impairments does not necessarily result in approval for payment. If you believe that you are disabled and apply again and are approved, you benefit period will be based on your current application.

      As far as medical care goes, if you have no income, you might qualify for health care under the Affordable Care Act (Obamacare) or other public insurance. If not, there may be a free or nearly-free clinic in your area where you could get treatment.

      Sincerely,

      Kay

  7. Shannon says:

    Hello
    I have bin going to the doctor since i was 10.
    i am 19 now they have denied me twice.
    The letter they have sent me both times stated And i quote
    ” We are sorry to inform you but your claim for ssi has bin denied”
    Below this statment it goes not to fair in to detail other then “I am not disabled enough”
    Yet i have my doctors recorded’s about my disabiltys i also have read alot about ssi/ssd and they state. if your disabiltys stop you from doing everyday things such as Meals , Probity’s, and other daly things. i should be approved. With out going in to TO much detail.
    I have very bad social anxiety that has made me have panic attracks just knowing i have to bee around others. i also have VERY bad depretion i CANT NOT stress how bad it affects me. i have bin going to the adult school in my area yet still can NOT bring my self to go when i am need to. I know i could get the grades yet people seem to believe its just becuz im a younge adult im “streesing out” yet they do not understand it HAS got scientifically worse. but there is no cause for it to. yet the contiue to denie me. even though they have my doctors notes , my proscribtion list and my hospital visit’s…

    I have almost compleatly givein up i have No where to go i am also practicly homless i have signed up for medical and even then they have denided me

    PLEASE!!! if u can help me with some Idea on what i can do. Please dont wait i need the help. Thank you -Shannon

    • Kay Derochie says:

      Dear Shannon,

      First you need to appeal requesting a hearing so that you do not miss out on your allowed appeals period. You much appeal within 60 days of the date of the last denial letter. This means the Social Security Administration (SSA) must receive your appeal within sixty-five days of the date on the letter. Next, you need legal assistance from an attorney who is well-versed in Social Security and Supplemental Security (SSI) income law. It is important to choose an attorney who emphasizes Social Security Disability in their practice. You can obtain an excellent Social Security attorney by calling Disability Advisor at 1-888-393-1010. You do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from your retroactive award at the time they send your back pay to you. So, it’s all very easy and risk-free.

      Sincerely,

      Kay

  8. Sherry Walrath says:

    I don’t know what to do. I applied for SSDI and was denied because of have too few work credits in the last ten years. According to my statement my taxed SS earnings for the last 10 years was 34007.00. I received my denial letter two weeks ago. I am 55. I have had 5 back surgeries. Two of which were cervical fusions. I have asthma, degenerative spinal stenosis, depression and apnea. I also was denied SSI because my spouse has a good job. What do I do or am I one of the ones that is SOL no matter what.

    • Kay Derochie says:

      Dear Sherry,

      Disability law provides for benefits to replace some of the money a person was earning at the time of disability. For that reason, you have to have been working with some regularity in the ten years before becoming disabled. It does sound as if you are not eligible for any federal disability benefits. While your total earnings in the past ten years are potentially enough for you to be insured, apparently, they were not spread out over twenty calendar quarters (five years). You can only earn four quarters of coverage (work credits) a year; so unless your $34,007 earnings were spread over at least five year out of the last ten, you would not be insured. You may have sufficient earnings to be insured for retirement benefits at retirement age and/or you may be able to draw wife’s benefits on your husband’s record when he retires.

      Sincerely,

      Kay

  9. carey says:

    No one will help i am homeless nowi was denied now i know some medical info i didnt know but have no way of getting med att at the age of 5 i had a srzsure which i think gave me sum brain or some kind of med problem what can i do

    • Kay Derochie says:

      Dear Carey,

      Try calling 211, which is a help-line number in many areas, to get a list of services in your area. Check for homeless services to see if there are any that would connect you with help to appeal your denial, connect you with medical care, and perhaps find you some temporary housing.

      Sincerely,

      Kay

  10. marie says:

    Hi I applied back n july 2013 ,n they sent me to their doctor n now a decision was made I called ssa n they told me that my case was under QA what does that means.

    • Kay Derochie says:

      Dear Marie,

      A medical decision has been made on your claim. Whether it was an approval or a denial, it was randomly chosen for a spot check (a quality review) to see that the decision was correct and correctly arrived at. Once the decision is finalized, you will receive notification of the decision.

      Sincerely,

      Kay

  11. Debra Ceol says:

    Social Security Disability
    Location: Knoxville, TN, 37924
    Your Answers: Applicant’s Age (must be between 18 and 65): 53
    When did your condition first begin to affect you?: 1-3 years ago
    Has your condition caused you to stop working or substantially reduce your work hours?: Yes
    Have you applied for social security disability?: Yes, claim denied
    Are you currently being treated by a doctor?: Yes
    What is your relationship to the applicant?: Self
    Description: The Department Of Veterans Affairs found me 90% disabilities, at the time I was working for the U. S Postal Service and had been with the Postal Service since 2001 and the U. S Postal found me Disabilities to do my jobs at a Mail Handlers. My medical conditions is 1) Cervical Spine Degenerative disc disease. 2) Lumber spine degenerative disc degenerative disease. 3) left and right shoulder strain. 4) left and right wrist strain 5) left and right knee strain 6) Tinnitus 7) left and right foot strain. 8) Hypertension 9) hysterectomy and ovarian fibroid. 10) thyroid. 11) depression 12) Osteoarthritis in hands, knees, wrists, feet.

    • Kay Derochie says:

      Dear Debra,

      You do not pose any question for me to answer. You have provided a lot of information. If you are attempting to appeal the denial of your claim, I recommend that you contact your local Social Security office or call the call center (800) 772-1213 to request an appointment to appeal.

      Sincerely,

      Kay

  12. susie brodie says:

    i was just denied disability because they stated that my condition was disabling on any date through 12/31/2013, i suffer from chronic bronchitis, which they say is copd, i failed a pulmonary function test, i have chronic ibs, repeated hernia surgeries, extensive scar adhesions in which now im going to see a specialist and may have to have surgery to remove scar tissue and was denied. i havent worked a full time job since 2011. i now dont work at all. im now on duoneb 4 times , i take medication for pain that make me drowsy and sleep. how is this not approved for disability. i do have a lawyer who is working on appeal

    • Kay Derochie says:

      Dear Susie,

      Sometimes people are denied disability when they are disabled because their claim has not been clearly enough presented. Your attorney, who is helping you with the appeal, will work to present the medical information about your conditions as it relates to Social Security law.

      Sincerely,

      Kay

  13. Debra Neal says:

    I was denied for social security and ssi

  14. ken says:

    I was denied and will file appeal, during this waiting is that retro pay?

    • Kay Derochie says:

      Dear Ken,

      If you are approved and are continuously disabled from the disability onset until payments begin, then retroactive pay will be paid for the months your appeal is pending, but not for the first five months of disability if your application is for Social Security Disability (SSD).

      Sincerely,

      Kay

  15. Rell Rell says:

    Ive been getting denied my social security disability since I was a kid… one of my legs are Longer than the other. I had surgery on my longest leg witch took out most of my knee bone and I had to learn how to walk again… its hard to work cause of limited mobility…. any info? Im know 28 ive been getting denied since 13

    • Kay Derochie says:

      Dear Rell,

      You are probably being denied because there are occupations you could perform that do not require you to stand. If you are having trouble finding that type of work, I suggest that you contact the Department of Vocational Rehabilitation of your state and apply for rehabilitative services that include training or assistance with job placement.

      Sincerely,

      Kay

  16. LINDA MALDONADO says:

    I WAS APPROVED FOR SS DISABILITY IN OCT 2013 AND NEVER HEARD FROM THE OFFICE AFTER THAT. WHEN I CALLED THEY SATED OH YOUR PAPERS ARE ON MY DESK AND IT LOOKS LIKE YOU WENT OVER THE SGA, WHICH I DISPUTED AND ASK HER HOW SHE CAME UP WITH HER CALCULATIONS, AT THAT POINT SHE STATED SHE WOULD SEND ME FACTS AND NEEDED MORE INFORMATION. SHE SAID WENT OVER FEW MONTHS IN 2012 AND ONCE IN 2013 AND NOTHING YET IN 2014. WHAT DOES THIS MEAN, WILL I GET MY SSD? I CALLED THEM AND LEFT A VERY NASTY MESSAGE ASKING THEM WHY THEY NEVER GOT BACK TO ME, NO RESPOND. SO, BEEN APPROVED IN OCT, NEVER HEARD FROM THEM TILL I CALLED, DISPUTED THE SGA, I’AM VERY CONFUSED, WILL I EVER GET ANYTHING? I WORK 40 HRS WEEK AND KEEP UNDER THE SGA AMOUNT. WHAT HAPPENS WHEN YOU GO OVER? DO I GIVE UP? I’M REALLY DISABLE BUT NEED TO BRING IN A SMALL INCOME TO SURVIVE. PLEASE HELP. THANK YOU

    • Kay Derochie says:

      Dear Linda,

      Whether or not and how work above Substantial Gainful Activity (SGA) in 2012 and 2013 will affect your claim for Social Security Disability depends on when you became disabled. If you would like to give me the date that Social Security says is your disability began, I can comment further. (A tip: a nasty message is not going to get a quicker answer.)

      Sincerely,

      Kay

  17. Jennifer Buford says:

    Hello,

    I was denied disabilty, went to a lawyer and the lawyer told me that I did not have a case. She did not even look at my paperwork or my denial letter and told me that I can lift 10 pounds. So my appeal is late or non-existent. I am homeless and have just about had it. why so many hoops. My disability is not physical.

    • Kay Derochie says:

      Dear Jennifer,

      If you are not too late to file an appeal, do so. Then check with other attorneys and be forthright about your mental illness. If you cannot get an attorney, you can still appeal on your own. If you are outside your appeals period, you can file a new claim, claiming a disability date later than your last denial.

      Sincerely,

      Kay

  18. Holly Walsh says:

    My review was just a little over a month ago and I received a letter saying I was good and my payments would resume as followed. A week later I look online on my SS account and I called and they said my benefits were stopped because a piece of information they had asked for had not been sent in. They were indeed sent in a couple of weeks ago they told me because they already stopped my benefits I cannot appeal this decision because they already sent me two notices in the mail. I never recieved anything in the mail about my benefits being stopped. I feel I have a right to appeal, am I correct?

    • Kay Derochie says:

      Dear Holly,

      If you are within sixty-five days of the date that they say your claim closure letter was sent, you have the right to appeal the closure because you are in the appeals period. If more than sixty days have passed, you can still appeal and attach a statement that you did not get the closure letter and learned of the closure by looking online and calling on the date you called and a copy of the letter that said benefits would continue. Social Security does not have to accept a late appeal but may do so because you did not get notice of closure.

      Whether or not you are within the appeals period, resubmit whatever items they said they did not receive. Also request a copy of the closure letter so that you can address all the reasons for the closure. Lastly, be sure Social Security has your correct current address.

      Sincerely,

      Kay

  19. Daniel JoDon says:

    I have severe rheumatoid arthritis, severe social anxiety and clinical depression. I have been denied twice now for disability. Now I have to wait over a year for the hearing process. Since my 3rd appeal I have been diagnosed with stage 3 severe COPD, will new medical conditions speed up the having to wait over a year for a hearing and or decision? I am un able to perform past job duties, uneducated and in my 40′s now.

    • Kay Derochie says:

      Dear Daniel,

      A new additional diagnosis will not speed up the hearing date, but you should let the hearing office know of the diagnosis and you should provide contact information for the medical provider who diagnosed and is treating you for the COPD. You mention being uneducated; if you do not have the skills usually attained by completing the grade level you completed, be sure the judge knows this.

      Sincerely,

      Kay

  20. Kris says:

    Hi. I have several medical conditions, the most serious being Multiple Sclerosis. I also have permanent vision loss in my left eye (cannot see at all with it) as well as some loss in my right eye. I recently filed for ssdi and just received the “you have not worked long enough” denial. I am 32, and worked 7 out of the 10 past years with enough made to have over 20 credits spread out (4 a year) over those years. The person I spoke to at disability said I haven’t worked enough the past 2 years??? I’m confused!!! Please help!

    • Kay Derochie says:

      Dear Kris,

      It sounds as if you should be both fully and currently insured for Social Security Disability benefits. You should appeal within the sixty-day appeals period. Be careful not to miss the deadline.

      To prepare for your appeal, I suggest that you request an earnings statement. You can do this online at http://www.ssa.gov or by calling 1-800-772-1213. (Be careful to request an earnings statement, not a benefit statement.) The earnings statement will show all your earnings reported to Social Security. If any earnings are missing, you can do the following to support your appeal and prove the missing earnings:

      1. Submit W-2s for the years that are wrong. (Note that 2013 and possibly 2012 earnings will not be posted on the statement).
      2. Submit pay stubs for any work in 2014.
      3. If you do not have W-2s for the missing years and they are within the last three years, you can ask Social Security will investigate to see whether the employer failed to pay the taxes, whether your earnings were reported on an incorrect social security number, or some other problem prevented correct posting.
      (To get earnings posted for more than three years ago, you have to have some proof of the work.)

      You will get a quicker correct result if you can provide the documentation. Because you have some eyesight deficits, perhaps a relative or friend could help you sort through past tax documents to find the W-2s.

      Sincerely,

      Kay

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>