Rationale for the denial of disability application

In its natural course, disability applications are slow. This is because the examiners have no deadlines within which to decide disability cases. No wonder applicants get irritated, and frustrated with the process.

When an initial application is denied, applicants are advised to file a request for reconsideration. More often than not, requests are denied for the second time. In case of denial, the next step would be filing a request for disability hearing.

These steps seem easy but in reality it takes a lot of patience to keep up with. It could be extra frustrating to know that majority of requests for appeals are also denied.

The question now is if appeals are denied then why would applicants even bother to file one?

A request for reconsideration is required before a claimant could request for a hearing before an administrative law judge (ALJ). In short, a denial of a request for reconsideration is a prerequisite to a request for a hearing with the ALJ. It is nothing but a mere a stepping stone to yet another level - hearing with ALJ.

The thing is the processing for the original application and that of the reconsideration appeal are only separated by weeks. Even if both are handled by different examiners, most likely the decision in the original application would be adopted in the reconsideration appeal. This is why most rejected original applications are also denied on appeals.

In reality, applicants do not get fair chance in appealing their case. This is because the same agency decides with the appeal and reconsideration. It would be unlikely on their part to overturn their previous decision.

The real justice comes at a disability hearing level. At this level, the Social Security Administration no longer handles the case. It is the administrative law judge who decides on the matter.

Fairness comes in this level because applicants get to see the judge. They can also hire a disability attorney to explain before the judge why they are entitled to benefits.

Living Arrangements in SSI Applications

Supplemental Security Income (SSI) is a disability program intended to assist those who are disabled, blind or at least 65 years old with limited income and resources.

Unlike other Social Security benefits, SSI is not based on one’s prior work or that of a family member. It is financed by the general funds of the treasury hence given only to those who have severe physical or mental impairments.

Applicants must prove that they are in dire need of financial assistance. On its end, the Social Security Administration (SSA) would evaluate the living arrangements of an applicant to determine eligibility.

Chances of approval are greater for applicants who live alone. This is because the government sees to it that one who could not work or earn a substantial gainful income due to severe disability has a decent place to live in and food on the table.

This does not mean though that people who reside in shared households are denied of SSI. They are only given a reduced amount.

The difference lies with the fact that people who live alone pay for their own utilities and other expenses. In short, they have greater financial need compared to applicants living in shared households.

Hence, an applicant’s living arrangement determines whether maximum SSI benefits would be awarded or not.

How Disability Benefits are Awarded

People with disabilities are entitled to benefits under the programs of the Social Security Administration. However, not all disabilities are awarded benefits. Every claim for Social Security disability or SSI disability is scrutinized to determine its validity.

Disability benefits are awarded in two ways:

1. Disability examiner or judge will determine if the medical evidence satisfies the approval criteria for a physical or mental condition listed under the blue book.

2. Disability adjudicator will determine if the claimant is unable to do their past work for the last 15 years and is unable to perform other work.

Claimants should not only satisfy the fact that they could no longer go back to their past work. They must also show that they could not perform any other work which fit their vocational profile.

The disability judge or examiner is tasked with the responsibility of determining whether or not claimants can go back to their past work. With the work history information furnished by the claimant, the adjudicator will match them to a job description contained in the dictionary of occupational titles.

The adjudicator will compare the work demands and job skills of the claimant’s past work to their current level of functioning. If the current level of functionality is less than what the former jobs required, obviously, they could not go back to their past work.

The procedures for claiming disability only show that the burden of proof lies on the claimant. They must provide accurate and reliable information regarding their past jobs and detailed information about their medical history.

If claimants find the process complicated, the assistance of a disability lawyer would be much appreciated.

SSI Disability Setbacks

Application for disability benefits under the Social Security Administration often entails hardship. Whether SSD or SSI, various reasons cause the delay of its approval.

By its very nature, the disability claim process utilized by the SSA is lengthy and difficult to get through.

This might not be a problem for those individuals who have been awarded benefits early at the initial level of their disability application. But for individuals whose applications have been denied, a request for reconsideration can even prolong the application procedure. In case of denial of such request, an appeal could even make the waiting period worse.

Delay in the claim procedure could also be attributed to the applicant’s medical evidence. This evidence is vital to determine the physical and mental condition of the applicant. It would also apprise the SSA of the things that the claimant could and could not do.

If upon assessment, it was discovered that the applicant’s residual function is severe that substantial gainful activity could no longer be perform, chances are the disability claim would be approved.

Without medical evidence showing residual function of an applicant, disability examiners and disability judges would be inclined to use medical records.

However, medical records often do not establish whether or not the disability of the claimant is covered by the SSA’s definition of disability. This could be of little use even if the records show claimant’s condition.

With the above setbacks, no wonder disability claims take months and even years to settle. When it happens, it is advised that an applicant employ a disability lawyer to speed up the process.