Each year, millions of people become disabled because of a serious illness or injury and are denied their Social Security disability benefits. If you’ve received a notice that your claim is not approved, often you may receive a favorable result by appealing the claim and reapplying for social security disability benefits. If you have serious medical problems that will keep you out of work for at least a year, it is very important to appeal the disapproval claim.
There are two federal government programs, Social Security Disability (SSD), for those who have worked and paid into the Social Security system, and Supplemental Security Income (SSI), for those who make below a certain income. It’s important to understand that the Social Security Administration oftentimes does not make the decision on whom to grant social security disability benefits, and by which program. The administration hires state agencies to assess your ability to work. In many states, disability standards are set too high to accommodate those that need them.
In Virginia, there is a 35% disapproval rate for initial applications. This is slightly better than the national average of 37%. During the first level of appeal, or reconsideration review, the approval rate is 13.6%, which is also slightly better than the national average of 11%. At the second level of appeal, or disability hearing level, the approval rate increases to 63% which is also slightly better than the national average of 58.6%.
These rates are even higher with representation by a disability attorney. Keep in mind that within the state of Virginia, the waiting period for hearing averages 423 days. The process for appealing a denied disability claim is long and time consuming. By working with the experienced attorneys at Emroch & Kilduff, you receive representation from someone who knows and understands the rules and regulations regarding the Social Security Administration’s system of filing and obtaining approval for disability insurance benefits.