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Social Security Appeals

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The following paragraph is displayed on the website for the Social Security Administration:

“Social Security wants to be sure that every decision made about your Social Security or Supplemental Security Income (SSI) claim is correct. We carefully consider all the information in your case before we make any decisions that affect your eligibility or your benefit amount.

When we make a decision on your claim, we will send you a letter explaining our decision. If you do not agree with our decision, you can appeal—that is, ask us to look at your case again.

When you ask for an appeal, we will look at the entire decision, even those parts that were in your favor. If our decision was wrong, we will change it.”

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Definition of Disability

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The definition for disability vary slightly for adults and children. According to the Social Security website the definitions are as follows:

Definition of Disability for Adults - 

We consider an adult disabled under Social Security rules if:

• The adult has a physical or mental impairment (or combination of impairments)
• That prevents him or her from working, and that
• Has lasted or can be expected to last for at least one year or to result in death.

Unlike other programs, Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities. These include workers' compensation, insurance, savings, and investments.

Definition of Disability for Children Applying for SSI -

We consider a child disabled under Social Security rules if:

• The child has a physical or mental impairment (or combination of impairments)
• That causes marked and severe functional limitations; and
• Has lasted, or can be expected to last for at least one year or to result in death.
• The child is not working at a job that is considered substantial work.

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Appeals Process

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Its an open secret that most people who apply for Social Security disability will be denied the first time. Almost everyone must appeal. There are four levels of appeal:

• Reconsideration;

• Hearing by an administrative law judge;
• Review by the Appeals Council; and
• Federal Court review.

If your disability claim has been denied, you should learn about the appeals process. Unless you persist, you may never receive the benefits you deserve.

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A Representative Can Help You

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Many people handle their own Social Security appeals with free help from Social Security. But, if you prefer, you can choose a lawyer, a friend or someone else to help you. Whoever you appoint to help you is called your “representative.” The Social Security Administration will work with your representative just as they would work with you. Your representative can act for you in most Social Security matters and will receive a copy of any decisions we make about your claim.

Your representative cannot charge or collect a fee from you without first getting written approval from Social Security.

Once you appoint a representative, he or she can act on your behalf before Social Security by:

• Getting information from your Social Security file;
• Helping you get medical records or information to support your claim;
• Coming with you, or for you, to any interview, conference or hearing you have with us;
• Requesting a reconsideration, hearing or Appeals Council review; and
• Helping you and your witnesses prepare for a hearing and questioning any witnesses.

More information about social security benefits and appeals can be found on their site www.ssa.gov.