Oct 13th, 2009
by Tomasz Stasiuk.
It always shocks me when I hear that Social Security has discouraged someone from filing an appeal. However, several times a year someone tells me something like this:
When I asked for the forms to appeal I was told, ‘if you appeal, you are just going to be denied.’
This is improper for a number of reasons:
It [...]
Mar 30th, 2009
by Tomasz Stasiuk.
I was recently asked how long after Social Security sends you to a doctor for a consultative examination will it take to get a decision.
I previously wrote about how long it takes to receive an initial decision after you apply for Social Security disability benefits and how long it takes to get a Social Security hearing.
Unfortunately, there [...]
Mar 2nd, 2009
by Tomasz Stasiuk.
Before you put yourself through the drudgery of going down to your local Social Security office, check the Social Security website to see if you can take care of your problem without going in.
There are a lot of things you can take care of online.
Oct 6th, 2008
by Tomasz Stasiuk.
If your Social Security case is denied after a hearing with an Administrative Law Judge (ALJ), you have a couple of options:
Appeal the ALJ’s decision to the Social Security Appeals Council
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.”
One benefit of appealing is that it preserves your entitlement to [...]
Sep 12th, 2008
by Tomasz Stasiuk.
If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.” You only have 60 + 5 days to get the [...]
Jun 18th, 2008
by Tomasz Stasiuk.
I hear this one with some frequency. I am meeting with a client and they tell me that someone at Social Security told them that if they want to appeal, they have to wait sixty days before starting a new claim / filing a new application.
That’s just not true.
You do not have to wait any [...]
Jun 13th, 2008
by Tomasz Stasiuk.
I am often asked:
I got an informal denial. What is that?
An informal denial typically means that Social Security is denying you because you may not be eligible for disability benefits. This is different from being denied because you are not disabled.
You may be disabled, but if you are not eligible for any type of Social Security benefits, [...]
Mar 28th, 2008
by Tomasz Stasiuk.
Here is a common problem. You apply for Supplemental Security Income (SSI), but then Social Security tells you that your spouse is making too much money for you to be eligible.
How much is too much?
It was surprisingly difficult to track down an answer. But, at long last, I was able to find out that in [...]
Mar 12th, 2008
by Tomasz Stasiuk.
I often hear the following question:
I just got my Social Security denial letter. Should I appeal or re-apply?
While every case is different, based on my experiences handling Social Security claims in Colorado, I often find the you stand a better chance by appealing rather than re-applying.
As I mentioned in an earlier article, if you re-apply, [...]
Feb 25th, 2008
by Tomasz Stasiuk.
You, or your child, are on Social Security, when out of the blue, you get a letter:
Your benefits will cease as of …
or
An overpayment was detected due to your failure to notify Social Security of your spouse’s income …
or
Since turning 18 years of age, we have determined that you are no longer disabled under our [...]
Feb 18th, 2008
by Tomasz Stasiuk.
After you were denied Social Security disability benefits, you got the appeal forms, you struggled to fill them out, but you made sure to get it all turned in before the appeal deadline.
Then you wait.
And wait.
You should have heard something by now shouldn’t you?
So, you call Social Security, wade through their voicemail until you finally [...]
Jan 19th, 2008
by Tomasz Stasiuk.
DisabilityAppeal.com has a interesting article on the importance of requesting the hearing tape if you are denied at hearing.
In many instances, once the tapes are obtained and listened to, parts of the record will be inaudible. And in a lot of cases [Social Security] can’t produce the tapes at all because they have been purportedly [...]
Jan 14th, 2008
by Tomasz Stasiuk.
Are you looking for a specific Social Security form? Social Security has a page where you can find it.
You can search for a form or browse by category:
Prepare for Your Interview
Benefits Claims Supporting Forms
Medicare Prescription Drug Help Forms
Other Forms
Forms for Other Agencies
Forms You Can Complete and Submit Online
Listed below are the most frequently [...]
Dec 15th, 2007
by Tomasz Stasiuk.
MYTH: Clients often tell me that you have to be denied two or three times before Social Security will approve your case. I am not sure how these rumors get started but unfortunately, this belief often causes people to take what may be the wrong action in their case.
REALITY: If you are denied [...]