Tag Archives | Appeals

DT8 Social Security disability stages and appeals explained

This week, Disability Tips looks at the stages and appeals in Social Security disability cases: application, reconsideration, hearing, appeals council and beyond! We also discuss: How long do Social Security cases take at each stage. What are your chances of winning Social Security … Continue reading

Continue Reading Comments { 0 }

SSR 11-1p: can’t appeal and reapply for Social Security disability

A number of attorneys suggest that if you are denied at your Social Security disability hearing, you should do two things: Appeal the Administrative Law Judge’s (ALJ’s) decision to the Social Security Appeals Council, and File a new claim for … Continue reading

Continue Reading Comments { 15 }
Social Security consultative examination

Can I win my disability case at the Social Security Appeals Council?

You have been denied disability benefits by an Administrative Law Judge at your Social Security hearing. You filed an appeal with the Social Security Appeals Council. If they approve the appeal, you can get your disability benefits? Right? Probably not. The … Continue reading

Continue Reading Comments { 5 }

Why can’t I find a lawyer to appeal a hearing denial?

Did you represent yourself at your Social Security disability hearing? If you were denied, you may find it is difficult to find a lawyer to represent you. Sadly, this is a common problem.  It is much harder to hire an attorney … Continue reading

Continue Reading Comments { 0 }

Overpayment choices: reconsideration or waiver

If Social Security alleges that you owe them money to repay an overpayment, you have two choices to fight it:   You can either file a “Waiver of Overpayment,” or  You can file a “Request for Reconsideration.“ Social Security may direct you … Continue reading

Continue Reading Comments { 12 }

Is your case on track? Call Social Security to make sure!

Tim Moore writes about his experience with claimants who wait patiently for Social Security to contact them after filing a claim or an appeal: In the case of disability applications, some found that while they continued to wait on an … Continue reading

Continue Reading Comments { 0 }

Denied at hearing? Here’s how to appeal the Judge’s decision to Social Security Appeals Council

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 … Continue reading

Continue Reading Comments { 23 }

How long does It take to get a Social Security hearing?

In my experience with Colorado Social Security cases, hearings are usually scheduled approximately 12-14 months after the appeal is filed.   That is the most common time frame that I see for having a hearing scheduled. However,  I occasionally see cases … Continue reading

Continue Reading Comments { 5 }

The one element missing in most Social Security cases: a medical opinion of limitations

To be found disabled, generally you have to show that you are unable to perform some type of full-time work. This is a simplification of the Social Security disability standard, but it is sufficient for this article. The most common problem in … Continue reading

Continue Reading Comments { 8 }

Social Security denial: should you appeal or reapply?

I often hear the following question: I just got my Social Security denial letter. Should I appeal or reapply? While every case is different, based on my experiences handling Social Security claims in Colorado, I often find the you stand … Continue reading

Continue Reading Comments { 6 }

When Social Security problems arise, watch out for deadlines!

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 … Continue reading

Continue Reading Comments { 0 }

What if Social Security loses your appeal?

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 … Continue reading

Continue Reading Comments { 1 }

Denied at the Social Security hearing? Request the hearing tapes!

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 … Continue reading

Continue Reading Comments { 8 }

CBS Reports: 2/3rds of Claims are Denied, Appeals Taking Over 2 Years

CBS reports on denials and long waiting periods in Social Security Disability cases. Disability Pay Rejections A two-month CBS News investigation has revealed that many individuals who are disabled are either being rejected or waiting years for a decision on … Continue reading

Continue Reading Comments { 0 }

Social Security myths: you have to be denied twice before you can win

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 … Continue reading

Continue Reading Comments { 0 }