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Social Security Disability Insurance (SSDI) benefits are awarded by the Social Security Administration (SSA) to individuals who are unable to work due to a disabling condition. On the other hand, Supplemental Security Income (SSI) is awarded to blind or disabled individuals who have not earned enough work credits to be eligible for SSDI and meet certain income and resource criteria.
It is an applicant’s responsibility to prove their eligibility for disability compensation from the SSA, and this process is often quite confusing and drawn out and can often take over a year to complete. For this reason, it is beneficial to contact a disability lawyer to help you speed up the appeals process after being denied Social Security disability benefits.
There is a lot of paperwork that goes into filing for disability benefits, including employment and medical records. One wrong step in the filing process could result in a denial of benefits, potentially delaying your application for months.
The longest delay typically lies in waiting for a hearing with an administrative law judge (ALJ). A hearing with an ALJ will be necessary if you are denied benefits again after filing an initial appeal. Waiting for this hearing could delay your claim for Social Security benefits for up to two years in some instances, depending on your county and region.
If your SSD claim is denied, you have 60 days to appeal the decision in writing. There are several ways to avoid waiting for a hearing with an administrative law judge. The first is to seek an On-The-Record (OTR) decision, which is a ruling that can be made by an administrative law judge before having a formal hearing. OTR decisions require extensive medical information to prove your disability. If your Social Security disability claim receives approval at this stage, that would conclude the appeals process.
Other options are available for specific medical conditions or extreme financial need. For instance, if you are diagnosed with a terminal illness or one of the serious illnesses listed in the SSA’s compassionate allowances list, you may be eligible to receive Social Security disability benefits much sooner. Furthermore, proving that you are in financial “dire need” circumstances will also help speed up the approval process after a denial.
The process of obtaining Social Security disability benefits can be long and complicated, especially in the event of one or more denials. Don’t risk delaying your claim by making a mistake in the appeal process. Instead, let an experienced disability attorney help you speed up the appeals process after being denied Social Security disability benefits.
Jan Dils, Attorneys at Law